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    judyann60's Avatar
    judyann60 Posts: 1, Reputation: 1
    New Member
     
    #1

    Oct 26, 2016, 07:29 AM
    Break up
    My boyfriend just broke up on Sunday. During the 7 month relationship we talked about getting married and he bought me a living room set because I didn't have one and at least we would have some place to sit and talk. As I said we broke up on Sunday and now he is taking me to small claims court stating that I will not let him have his furniture back. I texted him on Monday and told him that he could give the furniture store my number and I would be more than happy to set up a time for them to get the furniture. I don't know what to do. He is saying that I owe him $2,500. HELP!
    CravenMorhead's Avatar
    CravenMorhead Posts: 4,532, Reputation: 1065
    Adult Sexuality Expert
     
    #2

    Oct 26, 2016, 08:50 AM
    Was it a gift?

    If he purchased it then it is his, and you'll have to arrange a time for him to come get it. I would recommend that you have friends there.

    I think he is posturing and threatening, I don't think he'll take you to court. If he does they'll just tell you to give it back. I don't know what the court fees will be though.
    J_9's Avatar
    J_9 Posts: 40,286, Reputation: 5645
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    #3

    Oct 26, 2016, 09:02 AM
    Is there a reason you won't give it back? Set up a time for him to come get the furniture and make sure you have friends or family present at that time.
    Alty's Avatar
    Alty Posts: 28,318, Reputation: 5972
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    #4

    Oct 26, 2016, 05:15 PM
    Gift, not a gift, it's all such a mess. When you're a couple it's assumed to be a gift unless there's something in writing stating otherwise.

    If it were me I'd go to court. It's small claims, he can only sue for the return of the furniture or it's depreciated value. What do you have to lose? If he gets the furniture, you give it up. If he loses, you get the furniture.

    Unless he has something in writing saying that the furniture was a loan while you were a couple, he really doesn't have a leg to stand on.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,303, Reputation: 7691
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    #5

    Oct 26, 2016, 05:37 PM
    If it was a gift, you do not have to give it back.
    If it was a loan, you pay him back or give it back

    If he lived there, and you shared it with him, then it would normally be considered his, an he takes it, if he moves out.
    Cat1864's Avatar
    Cat1864 Posts: 8,007, Reputation: 3687
    Marriage Expert
     
    #6

    Oct 26, 2016, 06:56 PM
    Quote Originally Posted by judyann60 View Post
    My boyfriend just broke up on Sunday. During the 7 month relationship we talked about getting married and he bought me a living room set because I didn't have one and at least we would have some place to sit and talk. As I said we broke up on Sunday and now he is taking me to small claims court stating that I will not let him have his furniture back. I texted him on Monday and told him that he could give the furniture store my number and I would be more than happy to set up a time for them to get the furniture. I don't know what to do. He is saying that I owe him $2,500. HELP!
    When did he ask for the furniture back?

    Did he purchase the furniture or rent-to-own the furniture? Is he making payments on the furniture? If he bought the furniture, the store may not take it back.

    What was the agreement when he bought the furniture? Was anyone else present when he "gave" it to you or who knows what the agreement was?

    Make certain that you save the text offering to return the furniture and any responses he makes.

    Since you don't seem to want the furniture (I know I wouldn't after a break-up), I agree with sending him a text (or have someone present when calling him) to set up a time to retrieve it. Take time/date stamped pictures of the pieces before he takes them in case he tries to sue for damages.

    Protect yourself by being polite. Don't let him goad you into a fight or into saying anything that sounds like you owe him for the furniture.

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