Do you have any proof it was a gift? Was it for your birthday or for a particular anniversary?
The cops won't deal with it. It's a civil matter. If you have any proof, such as if it was a gift that was opened at a party with others there, that will help you with a witness or more.
She can call the cops and they might ask you to give it back, then you tell them it was a gift. Regardless if that happens, her only real way to get it back is to sue you in small claims court and prove it was not a gift. :)
@ Who aren't you?: The cops might be involved in the beginning depending on what she told them. If she say he took it from my apartment with out me knowing, then the cops will make a theft inquiry.Legal question indian giving?
A gift belongs to you. She can inform the cops of anything she wants. For instance, if she informs the cops that there was no gift and you broke into her home and stole it last night, the cops might investigate and might act on that information. You could then be charged. If you mean to ask about convictions, if the jury believes the thing was gift, then you will not be convicted of theft.
First of all, nobody says "indian giving" any more. That's something I'd expect to hear my grandmother say.
Second, the police won't get in the middle of this dispute. This is Judge Judy's jurisdiction.Legal question indian giving?
First: "Indian giving" is an incorrect term, the Native American Indians got all their possessions STOLEN by the Europeans, so they really had the right to demand to have their things back.
Second: You can't be arrested. This is a civil case, and police wont get involved.
Third: Gifts can't be taken away by the giver. The gift became your property. When your girlfriend gave you the gift she lost all rights over it. If you have any evidence, like witnesses or a greeting card proving it was a gift, then that's enough.
Also it would be illegal for your ex to make a false police report. If she tells the cops the gift belongs to her then she could get herself arrested and charged for that.
Legally, it is your property. Unless it was expressly a loan, she has no way of getting it back. She is just trying to scare you into returning it. Don't worry about it, just ignore her.
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