Known wants to return borrowed item with packaging even though I never got the package?

tr
6

A friend wants to get back a laptop, which she gave me in the broken state, so that I repair him. Now she threatens me with a lawsuit because I allegedly violate the return obligation. Allegedly, she should have asked me several times to return the laptop (but not true). She claims that she has handed me the laptop in very good condition + original packaging. If I do not give it back, she threatens to file a claim for damages.

Who is here in the burden of proof? The laptop was handed over to me defective. Have a liability insurance would pay, but I do not see that at all, because it is boldly lying.

Which countermeasures can be initiated? Here is deliberately lied.

I have read that the lender must pick up the borrowed item itself. Is that correct? Because she commits me to bring it over personally.

Br

Although I have a liability insurance would pay

Your liability does not pay a cent here…

It would have to prove that the part including the packaging was handed over.

br

If I do not give it back, she threatens to file a claim for damages.

And? Which of her allegations could prove her?

Did she bring you the device for repair?

(Turn the tables and ask them to pick up their device for repair.)

Then she should pick it up, please - and please hand it over only against signature.

Sp

Your acquaintance is in the burden of proof.

tr

Not really? As far as I know, I've read that it comes from damage to objects of third persons…

Okay thanks.

tr

She has no evidence…

Yes, I had done it professionally at the time, so she wanted me to fix it privately for her for free…

Okay, thanks for the help.

Br

But not for damage to the repaired property.

And she would not pay anyway, since you were not. If insurance protection existed (which is not the case), then for the defense of the unfounded claims.