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Law Pro
Law Pro, Attorney
Category: Legal
Satisfied Customers: 24870
Experience:  20 years legal practitioner: real estate, collections, estate, civil, business, and criminal law
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Can I legally get back a donation made to a church that was

Resolved Question:

Can I legally get back a donation made to a church that was made specifically for them to purchase a new building and they didn't/haven't purchased the building. So the money hasn't been spent. This is in arizona.
Submitted: 7 years ago.
Category: Legal
Expert:  Law Pro replied 7 years ago.
What notice did you give with the donation when you made it? A gift isn't a complete gift if it was made for a certain purpose - it's a limited gift.
Customer: replied 7 years ago.
Okay. I was stupid and made a few donations to the Church of Scientology of Arizona for the expansion of the church to become an "Ideal Org" . They were collecting donations for specifically for hte purchase of a new building by the end of 2009. I "donanted" a total of $5,000.00 to them. I left the church in October when I realized it was all a scam and the money was just for money. I have asked them to return the money that I gave them, but they have just ignored my letters and won't even take my calls. Since I told them I no longer believed in Scientology, they have declared me as an "enemy fo the church" and removed my name even from the benefactor list. They didn't buy the building and didn't raise all of the money necessary. So, I just want my 5K back from them. I thought about taking them to small claims court since they said they were going to do one thing and didn't and that I was basically sqeeezed for the donations since it was the supposed right thing to do. Well, I've woken up and realized its all scam . they ignore my letters and won't take my calls. Not really sure if I can legally get a donation back or not from a church.
Expert:  Law Pro replied 7 years ago.

Unless you donated the monies with the specific notation and limitation that the money could only be used for the purchase of the building and nothing else - and to be used for such within a specific period of time - then your stuck and can't get the money back.

 

Once a gift is made - the gift is now the property of the donee.

 

For a valid gift or donation to be made - there has to be:

 

1) intent to make a gift

2) delivery of the gift to the donee

3) acceptance of the gift by the donor

 

Once those three events occur - then it's a valide gift and the donor can't get the money or gift back.

 

I'm sorry, but it didn't seem that you made the gift with a condition that it could only be used for the purchase of the building - that you just made a gift with the idea that it was going to be used for the purchase of the building. However, without that express written condition - then they can use the gift for any purpose they desire and don't have to return it.

 

Sorry.

 

 

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