I have situation that I acted very naive about and I am now in a lot of trouble. I thought someone was my friend and I helped them put an engagment ring on my jewelery credit card they agreed at the time they would pay on the ring. Well they only paid like two times on the ring and now the ring is double the amount then when we purchased it because of late payment fees and the interest. They will not pay on it or return the ring back to me. Can I press theft charges on these people since they will not give the ring back? Because it is still in my name on my credit card and the bill is still coming to me so wouldn't it be my property and they have it in their possesion? Is there anything I can do?!?
2007-08-13 15:05:19 · 11 answers · asked by j.taylor33 1 in Politics & Government ➔ Law & Ethics
Yes I can prove they made those payments because each time they paid they had to sign the receipt so I have there signature on file they even had to sign when they got it resized! Unfortuantly the reason I cant get an attorney or pay on it myself is because I dont have a job I am a full time college student...I just want it back I'll try taking a police officer with me to get it back but I dont think I have the money for smalls claim court....
2007-08-13 15:38:04 · update #1
You could try to charge them with theft by deception under your state fraud law, but that won't get your money back. You have to go to small clams court & win a judgement to do it. And what if he's got nothing?
Here's a website I've used to get real legal advice www.lawguru.com, it's free to ask 1 question & they give you up to 4 replies by email. It's worth a shot to see what an attorney says you could do. So sorry to hear your friend renegged on you though. Best of luck!
2007-08-13 15:23:45 · answer #1 · answered by upside down 4 · 0⤊ 0⤋
I'm not sure which charges you would press. It isn't theft, because it was purchased with your permission. It isn't fraud, because they purchased it with your permission. The only thing they did was break a verbal contract stating they would pay you back. You can however take them to small claims court, and get them to pay for the ring (my suggestion). The reason you would want to have them pay for the ring is because if you try to sell the ring in order to recoup the money you are out, you will only get a fraction of the rings actual value. However, this doesn't repair the damage to your credit report that has been caused if you haven't been able to pay the bill (which it sounds as if you haven't by saying that it is "double the amount of what it was when the ring was purchased." Small claims is the way to go but you need to provide proof of the two payments they made (if at all possible) because then you have proof that they did infact intend to pay you back. You need to document the total cost of the ring, the interest charges to your credit card, and subtract the amount they have paid you already in building your case. That way, when their story changes in court (as I'm sure it will "become a gift from you" in their argument), you can show that they started to make payments, and the payments stopped. My suggestion is you consult with a lawyer on how to build your case so you don't look like an idiot walking into the courtroom. Do your homework.
2007-08-13 15:20:29 · answer #2 · answered by Zam 2 · 0⤊ 0⤋
Well, yes, I would say, since you are stuck with the bill, and they are not paying, that you should be able to get the ring back. (Just for a side note, I hope you never do this again) You did allow it to happen in the first place though, so you would not be able to consider it theft as the credit card, however, you have ever right to get the ring back from them. You should be able to press charges againist them to get the ring, since it is paid under your name. I would go and talk to your local police department first, and see if you could have them come with you, to get the ring from them, if you know where it is. They should be able to do what is called a civil stand-by. They also can point you in the right direction if this doesn't work for you, but usually the present of an officer, can make a huge difference.
Also, this will be a civil suit if you do decide to press charges, so you will need to get an attorney.
2007-08-13 15:17:17 · answer #3 · answered by Anonymous · 1⤊ 1⤋
You need to speak to an attorney. What you have is a verbal agreement that someone gave you to basically get you to pay for a very expensive ring on your credit. Granted you felt this person was a good friend and would pay back, but very bad mistake. All friends have good intentions, but some tend to forget what they've done.
Since you paid for the ring, I would definitely get it back. I don't believe that you can press any kind of theft charges since you chose to buy the ring for this person, but you may be able to go to small claims court to get the cost of the ring and the interest. Seek legal advice for this.
2007-08-13 15:15:18 · answer #4 · answered by Carrie C 2 · 2⤊ 0⤋
You have to distinguish between your relationship to the jewelry company and your "friend".
You owe the jewelry company the money. That is separate and distinct from the deal with your friend.
Your friend you should immediately sue. IMMEDIATELY. They are NEVER going to pay you voluntarily, at least you can get the ring back, possibly return it to the store and reduce the balance some. Your friend will also owe you that, but don't expect payment. Your sole satisfaction is that you put the fiancee on notice that marrying this person is a HUGE mistake.
I can assure you that your "friend" was thinking "hey, I can impress the hell out of this girl with an expensive ring, and never have to pay for it, and once she finds out the truth, I won't even have to marry her!"
You've been used. At some point you'll cross over into "Stupidville". Sue before that happens.
Oh, yeah.... what grounds do you sue on.... sue on Breach of Contract, and press criminal charges on Theft By Deception.
2007-08-13 15:23:12 · answer #5 · answered by open4one 7 · 0⤊ 0⤋
No, You need to file a civil case law suit, you knowingly allowed them to purchase the ring, you consented that it was okay for them to do so, when you consent that is not theft, but you file a civil suit in the district court, for the damages incurred, call the city attorney make an appointmen or he will walk you through or a local attorney! Done deal
PS Verbal contracts are still allowed in some states so do your math with this with some degreed to give you legal professional advice, you will be fine.
2007-08-13 15:12:28 · answer #6 · answered by defenseonly 3 · 3⤊ 0⤋
If you watch as much TV as I think you watch, then you should know that there's nothing we can tell you. All we can do is speculate and guess, none of which will do you or your grandparents any good. Stop worrying about suing the police, that's not up to you. Since your grandparents are in the process of getting a lawyer then it is completely out of your hands. Sit back. Relax. Make Gramps & Granny a nice pot of tea like a good boy. Let the professionals handle it. This is why they go to lawyer school and read all those books.
2016-05-17 07:02:52 · answer #7 · answered by ? 3 · 0⤊ 0⤋
If you agreed to the person buying the ring on your credit card, you are TOTALLY responsible for the charges.
Start paying the payments now or your credit will be ruined.
2007-08-13 15:09:55 · answer #8 · answered by Anonymous · 2⤊ 1⤋
Sorry. Your friend screwed you good. If the charge was made on your credit card, you are responsible. There is not a thing that you can do about it but to pay the bill.
2007-08-13 15:12:35 · answer #9 · answered by Collinwood 2 · 3⤊ 1⤋
u r screwed pay the bill and you ahve now learn a lesson dont never loan people money that you cant aford to lose even friends its just not wise.. you could ask for it back is about all you can do
2007-08-13 15:18:05 · answer #10 · answered by infoman89032 6 · 0⤊ 0⤋