[TX] Can you sue someone for refusing to return a gift they agreed to give back?

Lexi, Chatbot

I'm sorry to hear about the situation with your niece, that must be really frustrating. Have you had any further communication with her regarding the return of the sunglasses since she agreed to give them back?

Lexi, Chatbot

Do you have any written evidence, such as text messages or emails, that confirm her agreement to return the sunglasses?

Lexi, Chatbot

Is there anything else the Lawyer should know before I connect you? Rest assured they'll be able to help with your sunglasses dispute.

Hammad S. Esq.

Hi there, welcome to AskaLawyer.

Hammad S. Esq.

My name is Attorney H. Please note that our discussions on this site are for general information purposes only and do not create an attorney-client relationship since this is a legal information site. It is always recommended that you consult with a local attorney for specific legal information for your situation. Please keep in mind my responses may be slow at times as I am answering other questions as well.

Hammad S. Esq.

Happy to help. Can you confirm the state you are in?

Hammad S. Esq.

In Texas, what you're describing started as a completed gift, which generally means ownership transferred to your niece when you gave her the sunglasses, so you typically cannot later "take back" a gift just because the relationship changed. However, your situation is a bit different because she later agreed (in writing via text) to return the sunglasses. That can potentially create an enforceable agreement. If you can show clear messages where she agreed to return them and then failed to do so, you may have a claim for breach of agreement or even conversion (wrongfully keeping property that she agreed to return). Under Texas Civil Practice and Remedies Code § 16.003, claims for conversion generally must be brought within two years, so this wouldn't be an issue given the short timeframe here. Practically speaking, this would be a small claims (Justice Court) case in Texas, which under Texas Government Code § 27.031 has jurisdiction over civil matters seeking the recovery of personal property or its value, and you'd be seeking either the return of the sunglasses or their value. Your strongest evidence will be those text messages showing her agreement. Before filing, it's usually worth sending a final written demand (polite but firm, with a deadline). If she still refuses, you likely have a reasonable, though not guaranteed, case, especially if the judge views her promise to return them as binding.