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How to get valuables back....

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AshB

Junior Member
My ex boyfriend currently still has valuable jewelry of mine and does not want to give it back. Is their anything I can do to get it back?
 


dcatz

Senior Member
What is the value of the jewelry and what state are you in?

It will make analysis easier.
 

AshB

Junior Member
Boston, Massachusetts
The jewelry is a gold necklace with three gold rings on it. The necklace used to be my grandmothers so I’m unsure of the value. I have written email conversations between my ex and I where he states he would give the necklace back to me several times but never did. I don’t want money for it I just want the necklace back.
 

dcatz

Senior Member
I understand, but you’re in the Small Claims forum and one can speculate that you’ve considered legal action.

The reason for the question is that SC normally confines itself to money judgments and avoids judgments requiring the supervision of the performance of acts. The result is that you get to use SC to sue for the value of the jewelry.

There is a kind of exception that SC courts can use to get around this limitation, but MA is not my state, and I don’t know how commonly it might be implemented.

I’m referring to what is sometimes called a conditional judgment. It works like this: you sue for $2,000, the jurisdictional maximum in your state. You tell the court that the value of the jewelry is priceless, an antique, a family heirloom etc. and you’d rather have it back than be awarded money, but you understand what the court can do.

Assume the court agrees and makes a maximum award. The court can defer entry of judgment to allow the return of the jewelry instead. You get an judgment like this:
“Court rules in favor of plaintiff in the sum of $2,000 together with costs. Entry of judgment is deferred for a period of two weeks. If defendant returns the subject jewelry to the custody and control of plaintiff within said two weeks, plaintiff shall file a dismissal with prejudice of the pending action. If a dismissal has not been filed within two weeks, judgment shall automatically enter in favor of plaintiff.”

The result is either that you get your jewelry back and the ex skates or, in two weeks, he owes you $2K plus costs (or he gives it back when he's served to avoid going to court).

Clearly, there is a risk. You want the jewelry and not a money judgment and you could end up with a money judgment. If that prospect doesn’t appeal to you, go to a higher court and file an action for replevin.
 

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