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A jeweler never gave me the ring he made that I paid for

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Mlclow

Member
i live in California. I paid a jeweler (who has a website) to make me a ring. I actually paid him at a gem show in Costa Mesa. It’s been almost 2 years and I don’t have my ring. He said he was scammed and said he would refund my money end of February, beginning of March. Now he’s not responding to my emails where he has before. I don’t know what else to do. The amount of money he owes me is $888.00. I feel that if he expects people buying on his website to be honest, then he should be too.
 
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quincy

Senior Member
i live in California. I paid a jeweler (who has a website) to make me a ring. I actually paid him at a gem show in Costa Mesa. It’s been almost 2 years and I don’t have my ring. He said he was scammed and said he would refund my money end of February, beginning of March. Now he’s not responding to my emails where he has before. I don’t know what else to do. The amount of money he owes me is $888.00 and this is his website: [link removed] I feel that if he expects people buying on his website to be honest, then he should be too.
Your posts were reported so the moderator can remove the links to the jeweler’s website.

If the jeweler owes you money, you can file suit against him.
 

quincy

Senior Member
You can file suit in Kansas. You could also argue that California has jurisdiction if you purchased the ring in California.
 

Taxing Matters

Overtaxed Member
You could also argue that California has jurisdiction if you purchased the ring in California.
Mlclow, quincy is correct in thinking that California courts, including small claims court, would have jurisdiction here since the sale was made by the seller to you while the seller was at a show held in California. That's a classic case of when an out of state person will be subject to jurisdiction in California. You still must get good service on the seller in Kansas, though. The LA County Bar has a good article on how to get good service. And then there is the issue of domesticating that California judgment in Kansas and collecting from the seller in that state since I'm guessing the seller likely has no assets to attach in California. Also, as it's been nearly two years since the sale you need to be mindful of the statute of limitations (SOL). This is a breach of contract claim, and the SOL for an oral contract is two years in California and 4 years for a written contract. So if you don't have a written contract signed by the seller for this you may be getting close to the expiration of the SOL to sue in California. The two or four years starts when the breach occurred i.e. the date when the ring was first promised to be delivered and the seller failed to come through.

You also have the option to sue the seller in Kansas, too. The SOL for an oral contract in Kansas is 3 years, and 5 years for written contracts.
 
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Mlclow

Member
Mlclow, quincy is correct in thinking that California courts, including small claims court, would have jurisdiction here since the sale was made by the seller to you while the seller was at a show held in California. That's a classic case of when an out of state person will be subject to jurisdiction in California. You still must get good service on the seller in Kansas, though. The LA County Bar has a good article on how to get good service. And then there is the issue of domesticating that California judgment in Kansas and collecting from the seller in that state since I'm guessing the seller likely has no assets to attach in California. Also, as it's been nearly two years since the sale you need to be mindful of the statute of limitations (SOL). This is a breach of contract claim, and the SOL for an oral contract is two years in California and 4 years for a written contract. So if you don't have a written contract signed by the seller for this you may be getting close to the expiration of the SOL to sue in California. The two or four years starts when the breach occurred i.e. the date when the ring was first promised to be delivered and the seller failed to come through.

You also have the option to sue the seller in Kansas, too. The SOL for an oral contract in Kansas is 3 years, and 5 years for written contracts.
Thank you very much. Everyone has been so helpful.
 

zddoodah

Active Member
I don’t know what else to do.
You're kidding, right? Whether it's worth the hassle and cost of suing in Kansas (or trying to enforce a CA judgment in Kansas) for $888 is something you'll have to decide for yourself.

You can file suit in Kansas. You could also argue that California has jurisdiction if you purchased the ring in California.
quincy is correct in thinking that California courts, including small claims court, would have jurisdiction here since the sale was made by the seller to you while the seller was at a show held in California.
A California superior court would have personal jurisdiction over the seller, but the OP would have to sue in "regular" court since California small claims courts lack jurisdiction over non-residents, except in a couple circumstances not applicable here. Cal. Civ. Proc. Code section 116.340(e)-(g).
 
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