Being sued for gifts received

[cmoss95]

My ex uncle give me a used baritone back in 1992. I had just started playing the baritone in school and asked him if he could find one. He was always in the band and he has many friends that are in music. In 2007, my aunt and this uncle went through a nasty divorce. Afterwards, he demanded the baritone back. On top of that,he is also demanding the trombone that his sister offered to me around the same time. I did not specifically ask for the used trombone. I have taken considerable care of these instruments for the last 16 years. This ex uncle as not once asked about their condition nor their return. We live in the same city and have for 16 years. He has always known my whereabouts. I even lived with him briefly and there was never any conversations about the demand of the instruments. Now this uncle is taking me to court for the return of the instruments or $2500 plus rental fees. I would like to hear other's opinion about this case.

 

[dee_dub]

You argue that a) they were gifts; b) if they weren't gifts, you held them in bailment and there was no rental agreement and no grounds for imposing a rental fee; and c) you counterclaim for the money you spent storing and maintaining the instruments.

 

[Duranie]

I don't think your uncle has any claim at all. This was obviously a gift and he cannot demand it back just because of the divorce especially after over 15 years. Unless he has some proof this was a loan after all this time I would ignore him. Honestly his case is quite ridiculous. The fact he has asked for them back after 15 years is kind of laughable.

If you are served a lawsuit though you need to respond but I do not think he can win this case.

 

[cmoss95]

Thanks. And yes, we are in court right now. We had a trial scheduled for today but I filed a motion to continue due to my need to be at work. He has no proof that it was a loan. I was a minor when he gave them to me, and he never made an agreement with my mother. My grandmother would also be a witness to this case, but she passed away in 1994.