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Can someone sue for the value of presents given about 15 years ago? Is there a statute of limitation in Ohio for this?
Thank you for contacting Just Answer. I am a licensed attorney, and will be happy to try and assist you further, if you could provide me with some more information first. Also, you should know that due to site limitations, I can't always see all of the information you may have typed, so if I ask a redundant question, I apologize in advance. Can you please tell me:
1) Can you explain the situation a little more? What do you mean suing for the value of presents? Is someone wanting to sue you (or are you trying to sue someone) over the value of a gift given?
<p>I am not trying to sue someone. I am wondering if they could sue me. I have not spoken with the individual in more than 7 years. He is bipolar and off of his medication and has been harassing me leaving me phone messages and through other friends to contact me. He gave me some expense gifts 15 years ago and mentioned to my friend that I owed him because I refuse to contact him due to giving me gifts. I no longer have the gifts but he is saying that they were worth $20,000.</p><p> </p><p>He has sued other individuals in retaliation when he is not given his way. To my knowledge they have all been dismissed.</p>
Thank you for your reply. I figured the situation had to be something like you described. In any event, an item given out of love or affection is considered a gift, not a loan. While there are no laws in Ohio that specifically address this issue, assuming he wanted to sue you on the basis of an oral contract (for example, that you orally agreed he would loan you the items, and you would return them later) the statute of limitations is 6 years. Furthermore, he would have to prove the value of the items, which I doubt he could do given the time that has passed.
From the facts you have provided, I believe any such attempt at suing you would likely result in dismissal of the suit, much like all the others.
Good luck to you. If you have any additional questions, please press the reply button, and I will be happy to assist you further.
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There was no oral agreement that the gifts were a loan. Since there is no law that specifically addresses this issue, does then the statute not apply?
Thank you for your reply.
No, what I was saying is that (at best) he could possibly try to argue that you had an oral contract, but even if tried to, the statute of limitations has long expired, and that ship has sailed.