Q: My sons girl friend gave $ to the family to hold so they could get an apt
they were saving up for an apartment together before they broke up this week. she wants to take it all but $200 of the $. but he bought her an iphone for $300-$400 she doesn't want to pay him back for it out of her share. she has threaten to bring the cops so they can make him give her all the $ and not pay him for the phone. can the cops make him give her all the $ & not pay him for the phone?
A: The cops are unlikely to do anything. They certainly won't make him pay money. The aren't collection agents. That isn't what cops do. She would have to go to small claims court.
From what you state here, she specifically gave the money to your family to hold for an apartment. Your son took it upon himself to buy her an iPhone, which was more than the cost she asked your family to hold for the phone. It sounds like the phone was a gift and she specifically asked you to hold the money for the apartment, which her boyfriend misappropriated into spending on an iPhone which he gave her.
She sounds like she has the better case here. Gifts do not have to be returned, even upon breakup. But she entrusted that money to your family for an apartment that she won't get the benefit of, and for which the money was not saved liked she requested.
If that's correct, then give her the money back.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.