Asked 12/14/2007
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Being sued One of my wifes daycare mothers was abandoning her husband due to him cheating and signing her name to loans. They purchased a pool table together and she did not want to leave it too him...so she offered it to us if we could get it out of the house while he was gone....so needless to say after looking at the table we jumped at the oppurtunity to get a free pool table...while now after 28 months and her divorce is final and she has filed bankruptcy she is taking us to small claims court trying to get the pool table back so she can sell it....does she have a leg to stand on? and if so can I counter sue for the services provided? ie: moving and storage fees as well as having professionals come to my house to set the table up? |
Answer 1/3 - Submitted 12/14/2007
You probably can't counter sue for the services provided. She gave you a gift and you accepted it, that's the essential issue. It was your choice to move it & set it up.
Since she intended to give you the gift, I would think the gift is irrevocable.
You'd have an easier time if you had a note from her stating that she was giving you the pool table. However, since you've had it for 28 months I would think it's yours no matter what.
Answer 2/3 - Submitted 12/19/2007
Answer 3/3 - Submitted 12/19/2007
I don't think she can just take it back. It was a gift. There has to be some law about "asking back of gifts".
and having it for 24 months before asking for it back doesn't sound right.
I just answered another question on this site about how an ex was asking for him money back on something he spent on for her house. People can get very desperate for money when things go bad.
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