Crime & Law Enforcement Issues & Death Penalty/Ex-boyfriend wants gift back

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Expert: - 12/8/2006


Question
Hi,
I was given a new mattress by my ex-boyfriend worth $2,000.00 when I moved into a new condo.  He was staying with me almost everyday before I moved and the bed in my old apt. was too small, so he said that he would buy a larger bed for us to sleep in.  I, in turn, got rid of my old mattress and now that we are not together anymore, he wants to take back the new mattress or have me pay for the new mattress.  He says that he bought it for US and he should not have to pay for a bed that he is not sleeping in.  What are the chances that he can take the bed back or make me pay for the bed?

Answer
Danielle,

   Now this is a first.  Not to make light of your situation but there is no crime here, its not a criminal matter, and if anything it is what is called a civil matter because it involves a gift.  In order for him to get the property back he would have to sue you in civil court and I doubt if he would win.  But don't tell him that because he will get ideas and you will end up in small claims court.  If he tried to take it back forcibly then call the police and good luck with your situation!

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Jack Toomey

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Please do NOT ask questions about potential jail sentences that you or your friends may receive in court. There is no way for me to know that. I am NOT a probation officer or a parole officer so questions about those subjects will be rejected. I am a police officer with 26 years experience. Can answer questions about crime, police procedure, investigations, criminal law, search and seizure, traffic offenses. Prefer not to answer questions on the death penalty. Please do not ask homework questions. Remember this. The law in every state is different so questions about laws that are specific to your state could be difficult to answer. I also cannot give you legal advice on what to do or not to do in court. I have worked with authors in the past and will be happy to review scenarios or plots with authors to check for believability or accuracy.

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Police officer with 26 years experience. Ten years in patrol and sixteen years in the detective bureau investigating every type of crime including murder, rape, robbery, theft, fraud, missing persons, etc, etc. Also taught at the police academy in areas such as constitutional law, search and seizure, and lineups.

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B.S. in Criminology from the University of Maryland.

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