Hardwick, GA asked in Civil Litigation and Family Law for Georgia

Q: A phone was gifted to me from parents however parents are still making payments on the phone. They now want it back.

They are now threatening court if phone is not returned. Do I legally have to give it back.

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2 Lawyer Answers
Regina Irene Edwards
Regina Irene Edwards pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Lawrenceville, GA
  • Licensed in Georgia

A: If you have proof that it was a gift, you may not have to get it back. But, they also could shut off the service. I'd suggest a compromise where you get to port your number out to a new phone and you give the phone back.

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›

A: If the phone was genuinely given to you as a gift without conditions, it typically becomes your property. However, if they can prove it was provided with conditions or that it was not a genuine gift, they may have a claim to it. To determine the best course of action, you should consider the evidence of the gift, any accompanying conditions, and consult with legal counsel regarding your specific situation.

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