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Brandon M.
Brandon M., Counselor at Law
Category: Criminal Law
Satisfied Customers: 12620
Experience:  Attorney
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I have an ex friend who gsave me a bird 3 years ago as a "gift"-I

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I have an ex friend who gsave me a bird 3 years ago as a "gift"-I have several witnesses who can attest to this-I now have to move out of florida into an apartment and am no longer capable of keeping this bird-I have already found him a great home-but she just e mailed me and stated that if I rehomed him she would press charges even he was a gift to me--is this true???

Brandon M. :

Hello there.

Brandon M. :

Thank you for your question. I should start by saying that because the nuances of every situation are different, this information should not be construed as complete or advice without consulting in person with counsel. That said, a gift is a gift--the person giving the gift ("the grantor") relinquishes all title and rights to the property when they give it away. In other words, when you give a bird away, that's it... it's gone.

Brandon M. :

Also, your ex friend cannot "press charges". Despite what decades of televisions and movies have shown, individuals do not have the right or power to bring the weight of the law enforcement powers of the state against someone. Law enforcement decides what crimes can and should be prosecuted. If someone believes that a crime has been committed, they can file a complaint with the police, and the police make a recommendation to the District Attorney's office, but the District Attorney's office alone decides whether criminal charges can be filed against someone.

Brandon M. :

So, in short, your ex-friend is upset, but clearly has no idea what her rights are. It is not illegal to give away a bird that was received as a gift, and law enforcement has no interest in getting involved.

Customer:

even though she paid for him right???

Brandon M. :

Correct.

Brandon M. :

When you give a gift, you give up your rights to the gift, even if the recipient does something with the gift that you did not expect.

Customer:

ok because she also gave me his birth certificate she states that she will press chagres because she paid for him....this is while we were "friends" now that we are no longer she is threatening to do this to me

Brandon M. :

That actually does not change the answer. Seriously, I wouldn't lose a moment of sleep over it.

Customer:

ohhhhh thank goodness--I have not slept all night---worried sick over this....thank you soooooo much

Brandon M. :

Well, I'm definitely sorry that you lost sleep over this, but this is just a lot of puffery. Don't worry about it, and get to bed :-)

Customer:

ok thank you so much.....

Brandon M. :

My pleasure. Take care.

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