Gifted or theft...New Jersey

[Chrissyc32]

I was in a 4 month relationship with a man who resided with me. During our relationship he had informed me he wanted to buy me an IPad through his work buying program with Apple. He also spoke with my mother about the gift to see what she thought. After awaiting the arrival of the Ipad he handed it over to me as a gift. We broke up a few weeks later after he was unfaithful. I did attempt the relationship again but he did not want to unless we resided together so we ended. Now two months later I recieved court papers for mediation for theft of the IPad. I informed the mediator that it was giving to me as a gift from my ex during our relationship with no expectation to give it back. I agreed to pay for half of the value but he would not settle if it is not in his possession. The mediator said I would most likely be charged with theft if I do not give it back since he still owes money on it through his employer. My mother is able to provide a statement that he contacted her and informed her of his desire to get me an Ipad. Very concerned and want to do the right thing. By law am I responsible to give back or pay of what is owed or be charged with theft since he is still paying it off?

[Disagreeable]

Re: Gifted or theft...New Jersey

Your problem is it appears the Ipad is still owed by his employer. He did not have ownership to convey to you. I would return it as you could potentially be convicted for possession of stolen property. If you want to roll the dice, he could also be charged with gifting property securing a loan. Do you hate him enough to want a criminal record following you all your life?

[Unregistered]

Re: Gifted or theft...New Jersey

Thank you for your response. No do not hate anyone that much nor want the issue as it is petty to me. It's just funny I can still owe on my credit card for gifts and bills I paid for him without the expectation of repayment(which also is a loan but from a credit card). Thank you again for your insight...

[Lexus]

Re: Gifted or theft...New Jersey

Provide your loved one with factual information or proof that their accusations are wrong. If you are being accused of something illegal you should also provide your attorney with as much information as possible regarding the circumstances of the situation, and your innocence and whereabouts on the day the incident or situation took place. Gather evidence. Anything that is in written form which can support your claim will help to eradicate the claims against you. If you have legal counsel, obviously follow their instructions, as they will most likely not want you contacting the other party.

[Disagreeable]

Re: Gifted or theft...New Jersey

As the concept of credit involved, stores would extend credit for specific item purchases and repossess them, if you failed to make payments. They discovered, as the major general commodity lenders like Visa and Mastercard evolved, they also needed to adapt to more consumer friendly lending, because they were not in the repossessed goods business and offset the losses by high interest rates. For the most part, the only ones retaining an ownership interest are installment loan purchases on specific items, like car loan, boat loans, furniture/appliance loans and other types of single item installment contracts.

Thank you for your response. No do not hate anyone that much nor want the issue as it is petty to me. It's just funny I can still owe on my credit card for gifts and bills I paid for him without the expectation of repayment(which also is a loan but from a credit card). Thank you again for your insight...

[Friend In Court]

Re: Gifted or theft...New Jersey

I was in a 4 month relationship with a man who resided with me. During our relationship he had informed me he wanted to buy me an IPad through his work buying program with Apple. He also spoke with my mother about the gift to see what she thought. After awaiting the arrival of the Ipad he handed it over to me as a gift. We broke up a few weeks later after he was unfaithful. I did attempt the relationship again but he did not want to unless we resided together so we ended. Now two months later I recieved court papers for mediation for theft of the IPad. I informed the mediator that it was giving to me as a gift from my ex during our relationship with no expectation to give it back. I agreed to pay for half of the value but he would not settle if it is not in his possession. The mediator said I would most likely be charged with theft if I do not give it back since he still owes money on it through his employer. My mother is able to provide a statement that he contacted her and informed her of his desire to get me an Ipad. Very concerned and want to do the right thing. By law am I responsible to give back or pay of what is owed or be charged with theft since he is still paying it off?

The mediator is WAY off base. A gift is a gift. The fact the boyfriend borrowed money from his employer to give you the gift does not matter. Think engagement ring. Fellow buys gal engagement ring, owes a year's salary to the jeweler for the ring. Does she have to give it back because he owes the jeweler? Can be charged with theft?

If it were me I would say, "I do not have to agree to mediate with anyone. Especially this clown whose 'legal advice' is wrong, wrong, wrong. If you want it back, sue me."

A gift is a gift. It's the person's obligation to pay for it.

[Disagreeable]

Re: Gifted or theft...New Jersey

The mediator is WAY off base. A gift is a gift. The fact the boyfriend borrowed money from his employer to give you the gift does not matter. Think engagement ring. Fellow buys gal engagement ring, owes a year's salary to the jeweler for the ring. Does she have to give it back because he owes the jeweler? Can be charged with theft?

If it were me I would say, "I do not have to agree to mediate with anyone. Especially this clown whose 'legal advice' is wrong, wrong, wrong. If you want it back, sue me."

A gift is a gift. It's the person's obligation to pay for it.

Let me make a distinction in your answer. OP did not say he borrowed the money from his employer, a loan. He bought it from his employer an installment contract.

he still owes money on it through his employer