Legal Question in Consumer Law in Florida

Small claims court

A jeweler custom made a ring for me. It has manufacturing defects with the gold and some of the diamonds have fallen out after only 4-5 months of wearing. The jeweler has offered to ''fix'' it although he refuses to take any blame for the problems. He also said it should be settled in court and gave me his lawyer's name. I had the ring analyzed by an expert gemologist/insurance adjuster in Texas who has photographed the defects and said it is a total loss and uninsurable. If I go to small claims court without a lawyer and he has one, will he walk all over me? I cannot afford a lawyer at $250 an hour. Will the written report alone be admissable? Can the expert testify by phone? I found a local expert who will testify to the same thing starting at $700, and I honestly cannot afford this. The ring was about $3,000. The State's Attorney's Consumer Protection agency could not do anything for me. Every jeweler I've shown the ring to agrees that it is bad. Even if I win in small claims court, can I collect? Any recommendations for me? Thanks so much for your help!


Asked on 10/20/08, 10:26 pm

2 Answers from Attorneys
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: Small claims court

You will be at a disadvantage, but many judges will help you some when there is a lawyer against you. Bring your affidavits and evidence.

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Answered on 10/21/08, 9:49 pm
Brent Rose The Orsini & Rose Law Firm

Re: Small claims court

I've answered literally thousands of posts on law guru, and your questions are, by far, the best I've seen. You've gotten right to the point, and you've asked exactly the right things. I wish my answers could be more favorable:

"If I go to small claims court without a lawyer and he has one, will he walk all over me?"

Probably. It's very, very difficult to win in court against a lawyer. We know how to persuade judges, and we know how to shut your case down at most every point. You'll screw up, a lawyer will exploit it.

"Will the written report alone be admissable?"

No, the rule against hearsay forbids written reports from being used in court.

"Can the expert testify by phone?"

It's up to the judge, but probably not. The judge would have no way of knowing that the person on the other end was actually who they say they are. Even if there was a notary on the other end (which there would have to be) to swear them in, the judge couldn't even be sure the notary was real.

"Even if I win in small claims court, can I collect?"

I don't see why not. If you won, you could probably get an order from the judge to have a deputy go into the store and seize jewelry or cash for you.

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Answered on 10/20/08, 10:41 pm


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