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    Brenda_Leigh's Avatar
    Brenda_Leigh Posts: 2, Reputation: 1
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    #1

    Apr 23, 2012, 04:36 AM
    He's taking me to Small Claims Court for gifts he bought me before the break up
    I got a 42' TV as a gift for my Birthday plus a TV Stand with a fireplace insert a couple weeks later, now that I don't want to be with him anylonger he's taking me to small Claims Court to get these gifts back, can he win this?
    Brenda_Leigh's Avatar
    Brenda_Leigh Posts: 2, Reputation: 1
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    #2

    Apr 23, 2012, 04:44 AM
    Can you get a Lawyer for Small Claims Court in Ohio?
    Can you get a Lawyer for a Small Claims Court in the State of (N.E) Ohio?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #3

    Apr 23, 2012, 05:01 AM
    Yes, he can win "this" if a Judge believes him, finds his version more credible than yours.

    Can you get a lawyer to defend yourself in Small Claims in Ohio?

    Yes.
    joypulv's Avatar
    joypulv Posts: 21,591, Reputation: 2941
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    #4

    Apr 23, 2012, 05:07 AM
    'Gift' claims can be ruled either way. It depends on the judge, the presentation, the timeline of gifts vs breakup, how many and how expensive the items were, the paper trail, and how respectful you are of the court.
    ballengerb1's Avatar
    ballengerb1 Posts: 27,378, Reputation: 2280
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    #5

    Apr 23, 2012, 07:59 AM
    Good answers so far. One thing that may not go in your favor is the type of gifts, these do not appear to be as romantic as a ring or new dress. I am sure the judge will ask what else he gave and why is he not asking for those other items back.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #6

    Apr 23, 2012, 08:46 AM
    Quote Originally Posted by ballengerb1 View Post
    Good answers so far. One thing that may not go in your favor is the type of gifts, these do not appear to be as romantic as a ring or new dress. I am sure the judge will ask what else he gave and why is he not asking for those other items back.

    These sound like "for the home things we can share."

    Please come back and let us know how this resolves itself.

    My take - and I've heard Judges say it - "If the relationship is over, why do you want the gifts? Aren't they just a reminder and wouldn't you rather have nothing left to talk about? They weren't gifts. Give them back."
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #7

    Apr 23, 2012, 09:05 AM
    Yes if you were both living together or had planned on living together, these can be viewed as things for both of you. But it can go either way. Also the beliefs of a local judge you go before, these are sort of who does the judge believe the most unless there is written or some other evidence besides what you say and what he says.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #8

    Apr 23, 2012, 09:11 AM
    Quote Originally Posted by joypulv View Post
    ... It depends on the ... timeline of gifts vs breakup, ...
    If the TV was received in OP's birthday, that does seem persuasive right there.

    The TV stand seems to relate to the birthday present. Also indication, therefore, of a gift.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #9

    Apr 23, 2012, 11:11 AM
    Quote Originally Posted by AK lawyer View Post
    If the TV was received in OP's birthday, that does seem persuasive right there.

    The TV stand seems to relate to the birthday present. Also indication, therefore, of a gift.

    I don't know what the timing here is - I'd be interested in the dates, also the fireplace insert. Agreed that the stand is part of the TV package.

    Still think a Judge will take a look at the situation, who lives where, and decides.
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