Wake Forest, NC asked in Divorce and Small Claims for North Carolina

Q: Can my friend take her kayak back from her ex boyfriend?

My friend and her then boyfriend had an agreement. She bought 2 kayaks, and he bought 2 paddles. He is claiming this is a gift and that she cannot take the kayaks back , even though she has the receipts to prove her purchase. Legally, is she right to take the kayaks that she purchased ?

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Amanda Bowden Johnson
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  • Jacksonville, NC
  • Licensed in North Carolina

A: Receipts only prove she purchased the kayaks - not that she currently owns them. He is claiming they are a gift (although why he would claim she gave him both kayaks is sort of dubious). If she can get the kayaks without breaching the peace, she can take them back but he may call law enforcement and that could go either way. They may say it is a civil matter and for you and him to duke it out in small claims or they may arrest her for theft and let the criminal court sort it out. The best practice would be for her to sue him in small claims and if she wins be sure to ask for her expenses back in the form of a judgment against him.

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