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engagement ring/motion to vacate

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johnrs15

Junior Member
What is the name of your state (only U.S. law)? mass

I had a hearing in front of the clerk on Nov 9 regarding an engagement ring that my ex fiance will not return. during the hearing, the clerk was just plain mean. He would not let me present my case and kept interrupting me which threw me way off base. 3 cases before us,at least one of the parties in each case, were told not to interrupt the other while they are speaking. However when I was speaking as the plaintiff, the defendant cut me off. When I asked her to let me speak, the clerk, and very rudely i might add, said she can say what she pleases and it will be up to him to decide if it is true. The whole time he was on my back and pretty much mean.
Yesterday I filed a motion to vacate on the grounds I was not given a chance to present my case and the hearing was unfair. I'm wondering before I send this copy to my ex, is it even worth it? thanks
 
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Mass_Shyster

Senior Member
Small Claims Court in Massachusetts cannot issue an order for the return of the ring. The only thing you can sue for is money. If you sued for return of the ring, the case should have been dismissed for lack of subject matter jurisdiction.

Have you received the decision yet? What did it say?

Depending on how you filed the complaint, you may or may not be able to file in district court for the return of the ring.
 

johnrs15

Junior Member
i received the judgement for the defendant last sat morning. when i filled out the paperwork, i asked for the ring or 3500.00 plus 100.00 for the court cost...i got nothing
 

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