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weckod

Junior Member
I live in California.

I gave this ring to this girl on the terms of a firm commitment. Well after 1 month of giving it to her she left. It wasn't intended in anyway as a gift and I firmly said this, but I didn't think of putting it in writing, and she verbally agreed that the ring was for a commitment. Since the break up, she has said that she will return the ring to me. I have txt logs, and emails stating this. I have all the receipts for the ring also. I gave her 1 month to find it because she said she misplaced it somewhere. 1 month has pass by after I gave her deadline to return it. She nows says she lost it even before we broke up. She lied about misplacing it somewhere, instead of saying she completely lost it.

Since she said she will return it, but now has lost it. Could I sue her for the value of the ring? I doubt she lost it, but w/in that 1 month period I think she sold it.

Thanks.
 


latigo

Senior Member
The states are at odds on engagement ring law. But it seems that the various state courts take three different approaches.

1. The ring is considered an unconditional gift and she keeps it regardless.

2. The ring is a conditional gift and must be returned to the fiancé regardless of which party reneges.

3. The ring is to be returned only when the fiancée brakes the engagement without fault on the part of the fiancé.

California follows approach No. 3.

So go for it. Sue her in small claims and let her try to convince the judge under penalty of perjury that she inadvertently “misplaced” it.

Moreover, since under California law ownership in the ring reverted to you the moment she called of the engagement, she then was under a duty to exercise reasonable care in safe guarding YOUR property!

Anyway what have you got to lose but some time and a few bucks in filing and service fees
 

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