Tuesday, August 24, 2010

Looking for possible civil court cases where an ex won his ';promise ring'; back?

Ok so鈥?I know there are no traditional rules to promise rings but I think it only right for my ex to give back my promise ring because she was the one who cheated on me 鈥? Anyhow my question I am looking for possible civil court cases where an ex won his ';promise ring'; back from his ex as she was only going to sell it.





I do have emails from her stating she was going to return it and also a store reciept WITH my name on it stating I was the one who purchased the ring





She is now trying to sell it online somewhere


I honestly wouldn鈥檛 care if she had not treated me like crap but she did and now she is going to sell the ring and I find it only fair to bring her through a civil court to have her return the ring if she does not do so willingly





And as I am a bit of a research noob I was wondering if any of you may be able to help find such cases.





ThanksLooking for possible civil court cases where an ex won his ';promise ring'; back?
The only cases published are APPEALATE cases... no small claims and no superior court cases.





Unlikely there is an appeallate case over a promise ring.





You should research reimbursement for gifts vs. contractual purchases.Looking for possible civil court cases where an ex won his ';promise ring'; back?
a gift is a gift.





you gave it to her, therefor its hers and there are no indian givers
Sorry but if you gave it to her as a gift then it is hers now and the courts won't force her to give it back. It was a gift point blank and it's not yours anymore. Sorry
Hi, notice the people who answer ';a gift is a gift'; are all women.... Sorry, but the law isn't based upon opinion.... Judges and Juries don't seem to care about it at least....





Though, there are remarkably few cases on things such as ';promise rights.'; My legal research overflowed with things about ';jewelry in contemplation of marriage'; and other such things. Sorry ladies, but then it actually favors the person who gave the gift.... At least, that's in my state. I don't know where you're from. The reason this is material is that law varies from state to state (assuming you're in the U.S.).





The law isn't about the saying, ';There are no 'Indian givers''; The law is generally about preventing unjust enrichment, ';there is no such thing as a free lunch.'; ';Basically, she didn't do anything for the ring...'; or so it is supposed.





However, I'd like to caution you that because it is a ';promise ring'; you have a lesser chance of getting it back. If it were an engagement ring, it could easily be yours (in Ohio). However, because it was (presumed) not in contemplation of marriage, she might have a good shot at keeping it.





Further, let's not forget the economics of it. How valuable is this thing? Will it cover the costs of the lawyer you'll need to get it back? If you stop and think about it, even if you win, you loose in most lawsuits, because attorney's fees are rarely awarded.





We had a client who got his engagement ring back last week.... engagement... not promise.... and we're talking about a diamond ring here...





In general though, be careful of letting your feelings run away with you when you give someone anything.... People love to stomp on your heart ... after you've paid.
How long ago did you give it to her?


What state do you live in?





Look up your state's Statute of Limitations on Google (example: Statute of Limitations California). Depending on how long ago it was, you probably still have a right to getting it back.





Good luck to you.





You can also print out records of your purchase for evidence. It just depends on how hard you are willing (and able) to fight for it.


P.S. Daniel has a great idea.

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