Say a woman gifted me a TV almost 5 years ago but it was not hers?

UPDATED: Jun 7, 2013

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Say a woman gifted me a TV almost 5 years ago but it was not hers?

As it would turn out, the TV was actually her son’s and now he is trying to get it back. I told him I didn’t have it but I do. Now he has contacted the police about it who, in turn, left me a voicemail today to call them back. In this case, what rights do I have to maintain possession if there was never any sort of report filed until now?

Asked on June 7, 2013 under Criminal Law, Utah


Stephen Whiting / Whiting & Jardine, LLC

Answered 9 years ago | Contributor

Your right to retain the television is dependent on whether the son abandoned the television.  After five years, it seems likely to me that there is an argument to me made for abandonment.  

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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