QUESTION

My ex fiance took my ring after he ended our 5 year relationship last July. What are my rights?

Asked on Oct 07th, 2014 on Litigation - California
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1 ANSWER

Real Estate Attorney serving Oakland, CA at Sack Rosendin LLP
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An engagement ring is a gift. You own it. Many people consider it polite and appropriate to return an engagement ring if the wedding is called of. But that's not the law. You can sue him for up to $10,000.00 in small claims court. Neither side can be represented by an attorney. The filing fee and the fee for a registered process server to deliver the lawsuit to your ex are both added to the judgment, if you win. One problem with small claims court is that you waive any right to appeal. If you are unhappy with the decision, tough. However, if the defendant is unhappy, he can appeal, and automatically there will be a whole new trial, but this time in Superior Court. At that trial, lawyers are allowed, and both sides can continue appealing all the way to the Supreme Court, if either of them is crazy enough to spend that much on a dispute worth less than $10,000.00. If you are done with this guy, my best advice is to move on and have no further contact. Any contact you have with him from now on is going to be unpleasant. Who wants that? Delete him from your address list and never call or think of him again. You're done. A lawsuit will just prolong the unpleasantness. It's not worth it. If you appreciate this free advice, remember to refer any of your friends or anyone else who needs an attorney to me. Referrals are our best source of new business. Dana Sack 510-286-2200 www.sackrosendin.com
Answered on Oct 08th, 2014 at 4:13 PM

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