If my ex gave me a Christmas gift and I later found out it was purchased from rent to own and he has not made any payments, can they take it from me?

Get Legal Help Today

 Secured with SHA-256 Encryption

If my ex gave me a Christmas gift and I later found out it was purchased from rent to own and he has not made any payments, can they take it from me?

Am I responsible for his debt?

Asked on April 29, 2012 under Bankruptcy Law, Illinois

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

1) Yes, the rent-to-own business could recover--take--the gift from you if it is not fully paid off. The RTP's interest in the item is not defeated or voided simply by giving it as a gift to another person. Your ex would not have full title to the item--and so be unable to transfer it to you--until and unless the item is paid off.

2) The RTO may not go after you for the remaining payments, however, if you were not the one who agreed to make them. The agreement to pay is a contract; only the parties to the contract (i.e. your ex) are bound by it. In addition to recovering the item from you, the RTO may try to recover money from your ex, under the agreement.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption