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LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 7393
Experience:  Experienced Family Law Attorney
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I live in MO my fiance gave me an att phone we bought kinda

Customer Question

I live in MO my fiance gave me an att phone we bought kinda of together I paid for almost half cash she works at [email protected] and put under her plan now we're done but she did give one to my mom as well now she wants the phones back saying there her property and are stolen they where Christmas gifts my phone is shut off now what rights do I have they are in her name
Submitted: 10 months ago.
Category: Family Law
Expert:  LegalGems replied 10 months ago.

The phones were purchased out right and only the plans are in the other person's name, correct?

Customer: replied 10 months ago.
I gave her two hundred cash she bought phone outright the other phone was on a plan I said I would give back unpaid phone but other one that is paid for no but they are under her name but gave to me as Christmas gifts
Customer: replied 10 months ago.
Can't call she turned off and locked phone
Customer: replied 10 months ago.
She said calling in for theft because in her name
Expert:  LegalGems replied 10 months ago.

The police generally won't get involved in civil disputes. Basically this would be a small claims issue with one party alleging the item was a gift, the other alleging it was a loan.

If the phones were purchased outright, and the person(s) had possession of them and did not make monthly payments, then the court is likely to find it to be a gift, and award that property to the recipient.

In case it proceeds to small claims, here is information on that process:

http://www.mobar.org/uploadedFiles/Home/Publications/Legal_Resources/Brochures_and_Booklets/small%20claims.pdf

Also any emails or other documentation (even texts) supporting one's position may be included to help support the position that it is a gift.

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