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    Shawna Howe's Avatar
    Shawna Howe Posts: 1, Reputation: 1
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    #1

    Aug 14, 2014, 02:52 PM
    Can someone take me to court over a gift
    My father gave me a gift of a dining room set for me and my husband well I cut him out of my life because he disrespected me in my home and now he wants to take me to small claims court for the gift of the dining room set can he legally do that
    dontknownuthin's Avatar
    dontknownuthin Posts: 2,910, Reputation: 751
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    #2

    Aug 14, 2014, 03:56 PM
    He can file a claim but doesn't have much chance with winning.
    ballengerb1's Avatar
    ballengerb1 Posts: 27,378, Reputation: 2280
    Home Repair & Remodeling Expert
    		  
    #3

    Aug 14, 2014, 04:48 PM
    He couild easily say he loaned it to you. Do either of you have anything in writing regarding this gift? For now just ignor him, lots of people say they are going to sue, some do most don't
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #4

    Aug 14, 2014, 06:13 PM
    Anyone can sue over anything. The question is whether they can win. If he can't prove that it wasn't a gift, he won't win. And that's going to be hard. A cash gift might be easier to prove a loan, but a furniture purchase is probably going to be deemed a gift.
    joypulv's Avatar
    joypulv Posts: 21,591, Reputation: 2941
    current pert
    		  
    #5

    Aug 14, 2014, 06:20 PM
    This is my personal feeling rather than the legal answer you already have now:
    I would be too proud to keep a substantial gift after I cut someone out of my life. I'd give it back and dine on wine boxes or milk crates and a plain flat door for a top, or something from a thrift shop or yard sale.
    Alty's Avatar
    Alty Posts: 28,317, Reputation: 5972
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    #6

    Aug 14, 2014, 11:03 PM
    You've already been given the legal answer. Anyone can sue. Unless he has something in writing, be it a contract stating that you're going to pay for the dining room set, a check made out to him for the dining room set, cash given to him for payment of the dining room set, email or texts saying you'll pay him soon, acknowledging a debt owed, he likely won't win.

    In other words, if it really was a gift, and no discussion, either verbal or electronic, was ever made about you paying for it, he can take you to court, but he won't win.

    I also have to say, based on that, I agree with Joy. You cut him out of your life, but won't give back this gift? Seems you care more about the furniture than you do your father. Hope the furniture is with you for longer than daddy was.
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