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Can someone take back something they had given me?
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Can someone take back something they had given me?

July/August, a friend of mine had given me a bed (remind you, it was her partners bed..that did not leave them without a bed) Just a plain old queen size bed..it had a head board and foot board with it. I had a double bed without any of that. I asked what I was going to do with mine cause I had no room to store it. She suggested I give it to someone. We both knew someone that needed a bed. I asked her several times, 'are you sure your partner is not going to want it back'. She said no, I am sure. She said she was giving it to me. Now after months has passed, her partner is wanting it back. Is there any laws pertaining to how long something has been in my possession, that it would be mine? Do they have a right to get it back?


    




candyswirly
it's all yours


happee to be mee:D
i'm guessing you got it for free. and you probably didn't sign anything saying you owned the bed. and there's no laws for presents. thats really dumb and inconsiderate of your friend btw.


Eiginh
It's up to you to give it back, but if someone offers you a gift and they want it back it is horrible to do. In this case, the person may not have been notified that his partner was giving his bed away and therefore wants it back. This is okay but it is up to you if you want to give it back.


vinnie22848
Rating
Is it worth loosing a friend over. Give it back and don't accept anything else from them unless itr has a bill of sale


dalia
Rating
i think so;


Boredom Becomes Me
Gifts are gifts, loans are loans. If you have something saying that it was fine to keep, you're completely in the clear. Obviously the best scenario. This also works if you send an email that she responds to and doesn't correct the gift definition. **You giving away your set helps establish that it was indeed a gift, so you should make sure you have proof of that.**

Abandoned property is in the eye of the beholder (or judge), so no one could tell until you actually got to small claims court. Keep in mind that if that's how they want to play it, they're only allowed to sue for the amount they could get by selling it on the open market, in the condition it was given to you in. They'd be lucky to be awarded $50.

Edit - For all the people claiming that this guy stole the bed and is now guilty of theft; two very specific things would have to happen for that to work. One, the item would've had to of been reported as stolen, leading to two, the alleged bed owner would have to press charges against the alleged giver.

The idea that someone wouldn't have noticed furniture being, uh... "stolen" is ridiculous. If this person can make the argument that everyone saw the bed being taken, then the burden of proving theft becomes the plaintiff's again.


Real Life has No Soundtrack
If you don't give it back to them voluntarily, they have two options. They can either break into your house and steal it, or they can take you to small claims court and let a judge decide.
You have to decide what you want to do. Either way, your friendship is over.


Susan
Rating
she has absolutely no right to ask for it back and there is no law that supports her claim. if she really thinks highly of you and your final decision then she shouldn't want it back. for her to take it back would make her out to be "an indian giver"!


acting takes passion
You gave it to someone who needed it and it was months ago so its yours


Jimmy
If it was hers to give, it is yours. If not, you may have a problem.


Sophie
Rating
If it was a gift, it's yours.
She gave it to you, so she can't take it back.

I don't think there are any laws regarding time scale. It's a case of she offered the bed to you, you accepted, therefore it's a gift. Gifts can't be revoked.

Enjoy your bed :D


jack99skellington
If the bed did not belong to her and the partner did not agree or know, then technically she stole it, and you are guilty of theft by receiving. So in this case, the partner has the right to get the bed back.

If the partner did agree and know, then NO, you do not have to give things back. Once things are given to you, the are instantly yours with NO cooldown period.


K W
Rating
Who owned the bed? If she did, then no, you do not have to give it back. If he owned the bed, then she had no right to give the bed away and you should return it.


Julie
Okay, this is a tough one. Once it is given to you, it is rightfully yours. THe only way they can get it back is by stealing it (they go to jail), if you give it back to them, or if they give you money for it. It is YOURS NOW!


Robert G
Let me guess...

She had fight with boyfriend, she gave away boyfriends stuff when she was mad at him, they made up and now he wants his stuff back and she is calling around trying to get his stuff back?

If the bed was hers to give then no you do not have to give it back, if she gave it to you without his permission, then she stole it and his legal recourse should be to sue her fro the bed, also you may be guilty of recieving stolen property


coldfuse
Rating
It was not her bed, therefore she could not give it to you.


Compressed Fart Tycoon
Jami, what in the world makes you think your friend has the right to give you someone else's bed?

Give this person their bed back. If you want to be mad at someone, be mad at your mother for whelping an idiot.





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