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how much can I sue for?

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queenie724501

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

I purchased a clarity enhanced diamond and it needed to be re-enhanced. I also wanted the ring sized. So I went to a jeweler who told me the process would be at no charge since he has contracts with all the companies who preform this process. He said there is an inscription on the diamond that tells him where its from. He said I would be responsible for the shipping charges. I brought my ring to him and I showed him what I needed fixed, he said "no problem" and he sent my diamond out. I was contacted by him a few weeks later telling me that my ring was ready. I went to pick it up and he charged me $150 for the reenhancement. he said he couldnt figure out which company my diamond was from because there was no inscription so he just picked one and sent it to them. And they charged him since it wasnt from them. I said "dont you think you shouldve called me to tell me it wouldnt be free, since thats what our agreement was" And he said "I said it might be free." I said "no you didnt, you never said might, you said it would be free and you gave me an explanaiton why it would be free." He had to take the diamond out of the setting so he also charged me $100 to reset the diamond into the band, however it wasnt set the same way, it was set lower into the ring. Also he damaged the band with the tools he used to rest the ring. There are a bunch of little diamonds on the band and one of the is crushed in and there are all marks on the sides of the band from where he used this tool to reset the main stone. Also on the two sides of the band, there are openings and when he reset the ring one side was squeezed more than the other so they dont even match. Also, as if it couldnt get any worse, there were three things in the main stone that I showed him needed to be removed in the reenhancement process. Well only one of the three things were removed. So basically my ring came back to me with more issues than it left with. Oh yeah, and the ring was never sized. I dont mean to be picky but this is my engagement ring and it was very expensive. He did a horrible job. So my question I want to sue him for the $150, since he told me it would be free and only one thing was removed. I also want to sue for the $100 resetting fee since that wasnt done properly. I also want to sue him for what it will cost for these problems to be fixed. The company I purchased it from said it will be $185 for a new band. Also I have to pay $75 fedex shipping each way. Also I want to sue him for court costs. Can I sue for all of these things?
 


dolebot

Member
You can sue for any amount you want.

In practice - you likely won't get the $150 back for the reenhancement, despite saying it was free, there was nothing written, so when it gets to court - your word against his. The judge will decide.

It's up in the air what will happen with the $100 reset charge. The judge will have to decide whether the ring was actually damaged, and that he caused it. You have documentation of the rings condition before this happened? And you might even need an expert jewelers affidavit or something to say that he did not follow accepted practice, and that he did not reset the jewel correctly.

The $185 for the new band and $150 shipping cost depend on whether the judge thinks that would be an effective remedy. You would need to prove the jeweler damaged the ring enough to require that.

My guess - $0

Just because you don't like something doesn't necessarily mean you don't have to pay for it.
 

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