Columbus, OH asked in Arbitration / Mediation Law and Civil Litigation for Ohio

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?

2 Lawyer Answers
Joseph Jaap
Joseph Jaap
Answered
  • Estate Planning Lawyer
  • Cincinnati, OH
  • Licensed in Ohio

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.

Taylor P Waters
Taylor P Waters
Answered
  • Worthington, OH
  • Licensed in Ohio

A: 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.

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