How can I prove if something given to me was a gift?

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How can I prove if something given to me was a gift?

A former roommate is threatening to take me to small claims court. He purchased a $320 netbook and gifted it to me after having permanently damaged my old laptop while trying to fix it. I had offered to pay for half of the netbook but he insisted on paying for it. He kept all the hardware of the older laptop. Anyhow, he moved out about 16 months ago, and a month ago he started threatening me, saying that it was never meant to be a gift, but that he loaned it to me. Is there merit to his case, and if so, what can I do to prepare for small claims court?

Asked on October 2, 2011 under Bankruptcy Law, Virginia

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Ifyou have any e mails, letters or other written documents from your former roommate admitting that he gace you the netbook, those documents would be evidence to show that he gave it to you as a gift. Likewise, if he made any admissions or statements to people you know that the netbook was a gift, then you need to have those people attend the small claims trial with you to testify as to what was said.

The good thing is that more than 16 months hav passed since the move out and the claim that the netbook was not a gift. Such a long period of time suggests that if the netbook was not intended to be given to you, what is the excuse for the wait?

Good luck.

 


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