Legal Question in Civil Litigation in Massachusetts

Re: Engagement ring

WHO ARE YOU GOING TO SUE AND WHY? WAS THE RING A GIFT? DO YOU WANT TO SUE THE SELLER BECAUSE HE WILL NOT TAKE IT BACK? OR YOUR EX? BEST TO TRY TO SELL IT AND HOPE FOR BETTER LUCK NEXT TIME.

Re: Engagement ring

This is one of the classic conditional gifts, and the only wrinkle here is the transformation of your gift into the "trade-up" version. This really should not present an obstacle to liability, however.

You're quite right about the small claims jurisdictional limit -- if you want your full $3k, you will have to proceed in District Court. I would suggest that you do it "pro se" because the judge should make short work of the case once it comes up for trial. You are going to be in for a long wait, of course.

No chance that your ex-fiancee might settle for something in between the $2k and $3k, I suppose?

Good luck.

Re: Engagement ring

I don't agree with Mr. Shea's response above.

Your ex is not the first woman ever to keep a ring after breaking an engagement The case books are filled with the story. You are entitled to return of the value of the ring.

To request any more than the jurisdictional limit of $2,000 for this kind of case, you need to use District Court instead of Small Claims. There are advantages to going there: if for some reason you were to lose in Small Claims, you're DONE. No right of appeal would exist for you. By contrast, if you lose in District Court, you can appeal. Also, you get better judges in District Court than you do in Small Claims.

There are disadvantages: the process can be much more complicated and is always slower. It is more thorough but that means lots of procedural safeguards to make sure all the steps of a lawsuit are handled thoroughly. Getting delays in that court are generally no problem, for months on end. Usually people use lawyers in District Court and the judges prefer it that way. You have a better chance with a lawyer than without; on another hand, a lawyer might want a third of what you collect, or alternatively money up front (some of which won't be refunded). Ironically, it might NET you as much as you could win in Small Claims, about $2,000.

Just so you know, you are allowed to reduce your claim to $2,000 for the 'privilege' of using the Small Claims process. But I must say that District Court is still the better way to go, all in all.

Are you anxious about seeing her again?