Do I have a small claims case?

[Utahtea]

I live in California. I had a jeweler do some custom work on my wedding set. He used the gold from my wedding band to make a new one and added baguette diamonds in a channel setting. He put a new head on my orginial diamond and he put a new shank on the engagement ring. They were suppose to be a set. He told me on two different occasions in front of two differnt people that I would be happy. Total cost was $1,136.00.

With in 4 1/2 months I had two of the baguette diamonds fall out of the channel setting. He fixed it at no charge. When I picked it up I tried to tell the jeweler that there was a rough spot and it didn't look right, but he dismissed what I said. I did not have the ring for 2 hours and the diamonds fell out again. When I went back he said I would never be happy!

I took it to two other jewelers. Both said that it is not fixable. One said that he could redo it but that will cost almost as much as I spent the first time.

There were other problems from the beginning. The first time I saw the ring after waiting 7 weeks (I was told 3 or 4 weeks) the wedding band and engagement ring would not fit together properly. They kept it for 4 more weeks and he fixed the problem by cutting out gold from the wedding band there by weaking it. I didn't notice this until I got it home. This was not what he told me he was going to do. After two tries he still did not get the ring the right size. I asked in the very beginning for a satin finish but he never did that either.

I don't want to leave my ring with him ever again, he's had enough chances. What I want is all my money back and I told him so. I will give him the diamonds, gold, shank and head back. I will have them removed at my cost by another jeweler. He said he would not give me all my money but is considering how much he will refund me. I haven't told him yet, but I will settle for $950.00.

If he will not give me that much back, do I have a case for small claims court?

Thank you,

Utahtea

 

[JETX]

My first suggestion is that your formalize your complaint in writing. Send the jeweler a letter, certified RRR. Detail all the dates, work performed, payments made, etc. Explain the problems that you are currently having and ask that he reply with a proposed resolution to your problem within 5 business days of receipt. Close with the fact that if you do not receive a response, you will be forced to consider litigation to recover your 'damages'.

If you do not receive a response, or if the response is not acceptable, you should contact your local Small Claims court and ask for a 'complaint package'. You should get a complaint form and some instructions on filing a lawsuit. [NOTE: since your complaint is against a business, make sure that you are suing the correct party. If a corporation, you will have to serve their agent. If an individual or d/b/a, get the owners name from your county clerk or registrar.]

Then, get your reciepts and calendar together to show the court that you have been reasonable in your expectations and that the merchant has failed to resolve the problem.

One final thought... if your payments were by credit card, you might consider disputing the charges with the card issuer. This must be done in writing and within 60 days (I believe) of the billing.