Legal Question in Civil Litigation in Indiana

ring,money and dog

my fiencee recently left me a few monthes prior to our wedding date,for another man. She is refusing to give back the engagement ring that I bought. I also paid for the wedding dress and shoes the day before she left me, she had been dating the other guy for a month prior to me buying the dress and shoes and she refuses to to return them. I also loaned her money to buy a car, pay off a bad check, and get insurance for her car. She refuses to reimburse me. She also took my dog and refuses to return it. I have reciepts and credit card statments for everything. Can I file suit an do I have a chance to win.


Asked on 6/19/03, 5:14 pm

2 Answers from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

Re: ring,money and dog

I believe (and some may disagree) that the engagement ring was a gift at the time you folks became engaged. However the shoes and wedding dress seem to be conditional upon the happening of the wedding. Since the condition never occurred, she should return those to you (though you might have a hard time getting a refund for a custom-tailored dress). The loans should be repaid and the dog given back as well. A civil lawsuit including specific performance (for return of the dog) might be the only way to rectify those issues.

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Answered on 6/19/03, 5:39 pm
Lee R. Albert PACIFIC LAW NETWORK

Re: ring,money and dog

Sounds like even if you don't recover, you still got the better end of the deal by not marrying her!! I think you are entitled to everything. The ring is clearly a gift in contemplation of marriage and she called off the event. The loans might be a problem if you can't prove that they were loans, but I think a court would go your way. Taking your dog and keeping it is inexcusable. You may be able to pursue this matter in small claims court if the total is less than $5,000.00 or you wish to give up any recovery in excess of $5,000.00. Small claims judges have limited power to order the return of personal property (the dog, in particular). Some do, some don't...some will make an order that she return the dog, but if she doesn't you get a money judgement. If the dog is really important to you, and the costs of litigation aren't a consideration, you may need to pursue this in a regular lawsuit.

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Answered on 6/19/03, 6:05 pm


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