Q: How do I go about this situation, and keep my phone without going to court?
My mom got charged with assault against me and cannot come anywhere near the home or contact me. My car is in her name even though Ive spent 2k on it, and she also bought my phone for me. She sent officers to my work today and they told me that she wants the phone back (keep in mind im 18, and she bought it for me when I was 17) The officers on our case told me that since she payed for it, its hers. But Ive done some research surrounding the law of gifting, and every source has told me that once a gift is given and recieved, you are the owner of it. What do I do? I dont think I can go to court because I leave the state in 15 days.
A:
I'm sorry you're going through this difficult situation. Since you are 18 and your mom bought the phone for you when you were 17, it complicates things slightly. However, if the phone was a gift, you may have a claim to it.
First, gather any evidence that the phone was given to you as a gift. This could include text messages, emails, or any other documentation that supports your claim. Having this evidence can help you make a stronger case if you need to present it to the police or any other authority.
Next, explain to the officers that you believe the phone was a gift, and provide them with the evidence you have collected. If they still insist that the phone belongs to your mom, ask if there is a way to temporarily hold onto the phone until you can resolve the matter legally without going to court. Since you are leaving the state soon, you might also consider reaching out to a legal advisor for a quick consultation on your rights in this matter.
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