Legal Question in Criminal Law in Florida

Mistake by a jewlery company

I had a diamond wedding ring that needed to be repaired beacuse the center stones kept falling out. Instead of repairing it again the company replaced it with a brand new ring. Then weeks later they called me to pick-up the old one, that they had fixed it and it was ready, so I went and got it. Now they want it back and are insinuating that I stole it. Pls remember they called me, they gave it to me and had me sign for it that I picked it up. Other than for morale reasons, do I HAVE TO by law return the old ring.


Asked on 5/28/07, 12:06 pm

1 Answer from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: Mistake by a jewlery company

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Yes.... you are required to give them back the ring immediately. You have absolutely no right to keep the ring. You are lucky that they have not yet pressed criminal charges against you or in the alternative sued you in civil court for civil theft which allows TREBLE damages or three times the amount in question if they can prove their case together with court costs and attorney's fees.

If they had mistakingly overcharged you or charged your credit card twice, there would be no question in your mind that the error would have to be resolved. This is no different.

I would suggest you do everything possible to get the ring back to them as soon as possible to avoid much worse penalties.

Scott R. Jay, Esq.

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Answered on 5/28/07, 9:09 pm


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