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I live in MO my fiance gave me an att phone we bought kinda…

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I live in MO my...
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: 2 years ago.Category: Family Law
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Answered in 1 minute by:
1/30/2016
Family Lawyer: LegalGems, Lawyer replied 2 years ago
LegalGems
LegalGems, Lawyer
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The phones were purchased out right and only the plans are in the other person's name, correct?

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Customer reply replied 2 years 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 reply replied 2 years ago
Can't call she turned off and locked phone
Customer reply replied 2 years ago
She said calling in for theft because in her name
Family Lawyer: LegalGems, Lawyer replied 2 years 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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