You can sue anybody for anything, but winning the suit is another matter. If she bought the rings and only her name appears on the contract, then your son is not liable for any of the debt. But if he co-signed with her, or if the account is in his and her names, then she may have grounds to make him pay for the rings. In some states when two people enter into a contract, and one wants to get out of the contract, there is a legal procedure required to remove one person from the contract. However, if it goes to court, all bets are off. The Judge will decide who has to pay what amount, and who gets to keep the rings.
2006-09-22 09:47:06
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answer #1
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answered by loufedalis 7
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I doesn't matter who broke the engagement off. The point is who kept the rings. If the gal kept the rings and the financing is in her name, she will have to keep paying for them. If the case were that he kept the rings and she had financing, then he would have to either pay or give the rings back.
Let her sue him. The judge won't award her the judgement. The object of small claims court is to put you back in the position in which you started. She's in that position, she has the rings. It is up to her to offset damages, by selling the rings. If she has done that the judge may award her half of what the remaining balance is. If she has not sold the rings, she has no case. Good luck!
2006-09-22 22:16:18
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answer #2
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answered by country girl 5
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This is family law, so different states will have different views. There won't be uniformity here. Most states view the engagement ring as "a gift with an implied condition." The condition being that a marriage will take place. If the woman breaks off the engagement, she is usually expected to give back the ring. However, since the man broke it off it is entirely possible she might get to keep it. You can contact a lawyer to assess your chances.
2006-09-22 16:48:07
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answer #3
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answered by Anonymous
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Nowadays, you can sue anybody for anything and win.
Not to get off subject but: Have you seen fast food fries that cut the fries down by almost half because people were getting fat by eating them, if they didn't go there and eat then they wouldn't have that problem but did they cut the price NO!
My point is, if there is another way around it find it or she will try to do anything she can. So, does she have the rings? Is she paying for the rings? If so how can she sue him? Because she thinks he should pay her back for the rings? I don't think she could win that case but to be on the same side he better find a really good lawyer and pay! I would find a woman lawyer. It would look better.
2006-09-22 16:42:57
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answer #4
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answered by glitter3317 4
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Yes, he should get a lawyer.
Usually, when an engagement is broken off, the rings are returned to the purchaser. The rings are given in a promise of the marriage. No marriage, no promise, no rings.
You rarely hear of the stiffed groom seeking financial retributions, so why should it be any different because she financed them?
2006-09-22 21:50:46
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answer #5
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answered by Pink Denial 6
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She's dumb... prbly the reason ur son broke off the engagement... First off, contrary to belive Engagment Rings are a gift not a contract to get married & if she paid for them well then she bought herself something really nice. If he has the rings then @ most he will have to return them.
What is she gonna go to the court & say Well he doesn't wanna marry me so I am sueing him tell ur son not to waste his time & money on a Lawer she has no case.
2006-09-22 19:45:28
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answer #6
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answered by *Me* 2
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It is possible, if she gives them back to him, unless she went off and just bought them without his knowing about it. Yes they are gifts but they are also a contract between 2 people and if a contract is broken then the rings should be returned to the person paying for them. This happened to my friend, only she was the one who broke it off and and ended up paying the rings herself. Believe me, if paying those rings off is the worst thing that comes out of that relationship, he's better off then having to marry her. Best possible advice, ask an attorney. Good luck to your son.
2006-09-22 16:46:40
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answer #7
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answered by Sonia Jo 2
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Actually, depending on the state you're in... some states have determined that a ring is a "gift" regardless of who gave it and/or broke off the engagement.
The courts have determined that those gifts don't have to be returned just because the wedding's off.
So... you need to ask someone what the state law says about that. Even if you're not in one of those states, there is precedence of other states not requireing the return so if he wants to fight it he could.
2006-09-22 16:45:12
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answer #8
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answered by M J 2
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Yes, I say an episode of Judge Judy where that happened. It's for two reasons first the ring was a gift with intention to marry and second if she had of broke it off she would have had to give him the ring back, but he still would have had to make the payments, but since he broke it off she can keep the gift(ring) and he must still pay his debt.
2006-09-22 16:42:34
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answer #9
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answered by Shonreaq G 3
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I have a similar situation. My ex-fiance needed new glasses...he was legally blind...and didnt have the money for the exam or glasses. i paid for it all. when I broke off the engagement, i kept the ring and told him that he could have it back when i got my money. he never got me the money. i took the ring to a local jewler, had the main diamond taken out, my birthstone put in, a necklace made with the old diamond...and still came out ahead.
how long were they engaged? she might be able to take them back to the store if she tells them the situation. just depends on who she talks to.
me and my ex are still friends, that might be why it was not such a big issue to us. he likes what i did with the ring. he's married now, and i am getting married in march. everything worked out fine!
good luck!
2006-09-22 17:28:25
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answer #10
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answered by elliemae 2
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