my ex finace signed the contract at chateau briand (even though he didn't put a penny down) CB is offering us $1000 back and since the lawyers agreement was that i get the first $1000 and anything additional we split. Since they are only offering $1000 he refuses to sign the papers.
Do I take him to small claims court, i can do alot w/ $1000 or do i just forget about it
my fh told me to take him to small claims court but i just feel like it would be awkward, he so deserves it though bc he was the one that sued me in the first place for money that wasnt even his
JTG4EVER
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Re: i need ur opinion....
Wait...I'm confused. You didn't put any money down at CB? Or YOU put the $1000 down and he put nothing?
Now CB is giving you back your $1000? And he wants a piece of it? What exactly is he suing you for?
NellieBellie32
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Re: i need ur opinion....
i put 3500 down well me and my parents, he paid NOTHING
He sued me for the ring (which i didn't want anyway).....plus the money we put down on everything, but he didn't put any money down
JTG4EVER
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Re: i need ur opinion....
Ok then you are entitled to the $1000. Take him to small claims. He won't win. The agreement states you get the first $1000 AND he didn't put down a penny. He definitely won't win. He will look stupid for even trying. And I think he's bluffing. He wants you to just give in and give him half or whatever even though he knows he isn't entitled to anything. He will probably back off if you decide to go to court. I think it's totally worth it. $1000 is a lot of money!
JTG4EVER
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Re: i need ur opinion....
Posted by NellieBellie32
i put 3500 down well me and my parents, he paid NOTHING
He sued me for the ring (which i didn't want anyway).....plus the money we put down on everything, but he didn't put any money down
Did you give him back the ring? Not to mention....an engagement ring is a GIFT! You can't sue for a gift. He is dumb.
JLWSJC
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Re: i need ur opinion....
An engagement ring isn't a gift. It's a gift in contemplationbof marriage, in contemplation of the fulfillment of a contract. He's entitled to the ring back if you don't get married.
Re: the actual issue at hand...
I'm still confused. CB is offering you $1000 of your $3500 and he's mad that you're settling for the $1000 cause that means he won't get anything bc you're entitled to the first $1000? So he wants the $3500 cause he thinks he'll get part of the remaining $2500? Is that what I'm reading?
Caprica6
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Re: i need ur opinion....
Posted by JTG4EVER
Ok then you are entitled to the $1000. Take him to small claims. He won't win. The agreement states you get the first $1000 AND he didn't put down a penny. He definitely won't win. He will look stupid for even trying. And I think he's bluffing. He wants you to just give in and give him half or whatever even though he knows he isn't entitled to anything. He will probably back off if you decide to go to court. I think it's totally worth it. $1000 is a lot of money!
i agree, he will probably get scared.. he prob thinks you won't do it, but if you show you will, hopefully he will back off.. $1000 could pay for a lot
JTG4EVER
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Re: i need ur opinion....
Posted by JLWSJC
An engagement ring isn't a gift. It's a gift in contemplationbof marriage, in contemplation of the fulfillment of a contract. He's entitled to the ring back if you don't get married.
Re: the actual issue at hand...
I'm still confused. CB is offering you $1000 of your $3500 and he's mad that you're settling for the $1000 cause that means he won't get anything bc you're entitled to the first $1000? So he wants the $3500 cause he thinks he'll get part of the remaining $2500? Is that what I'm reading?
Right. Thats why I asked her if she gave the ring back. he is entitled to the ring.....but it is still a gift.
NellieBellie32
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Re: i need ur opinion....
Posted by JTG4EVER
Did you give him back the ring? Not to mention....an engagement ring is a GIFT! You can't sue for a gift. He is dumb.
Yea i gave him back the ring, i didn't want it anyway, but NY state law says you have to give it back......its a gift w/ consent of marriage, if u dont get married than u have to give it back
JTG4EVER
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Re: i need ur opinion....
Posted by NellieBellie32
Posted by JTG4EVER
Did you give him back the ring? Not to mention....an engagement ring is a GIFT! You can't sue for a gift. He is dumb.
Yea i gave him back the ring, i didn't want it anyway, but NY state law says you have to give it back......its a gift w/ consent of marriage, if u dont get married than u have to give it back
Right...but you gave it back. So he can't sue your for it.
JLWSJC
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Re: i need ur opinion....
So if you don't take him to court, you get nothing back? and if you do, you get the chance to recover the $1K you're entitled to, plus the $2500 he thinks you're entitled to split, but potentially you could prove to the judge that he didn't contribute to the deposits so you could get it all back?
I'd def go to court babe. Seriously. It sounds like you could get even more than $1k back if you do.. what do your parents say?
NellieBellie32
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everyone thinks i should go but i just feel as though this thing has been going on for 3 years now. Im about to be married to someone else. It just ended really badly, he cheated on me and was over $100,000 in debt.....trust me it worked out for the best.....
I just havnt seen or spoke to him in 3 years. Its not that i need the money, but yea $1000 is nice
JLWSJC
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Re: i need ur opinion....
Obviously it's your decision, and if it were just a couple hundred dollars, it wouldn't be worth it, but 1K-3.5K is a lot of cash, you could do a lot with that for your wedding. I wouldn't let anyone get in the way of me getting back what's rightfully mine (and my parents!) You worked hard for that, you're fcontinuing to work hard to pay for this wedding and I honestly think going would be worth it.
angelscri
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Re: i need ur opinion....
So CB is giving you back 1k and keeping the 2500. I think you should take him to court, you can do alot with 1k, especially now.
KM714
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i too was engaged before so i see both sides to this argument and your opinion. what will it cost to go to small claims court? it seems like youd get $1000 MAX from CB so if its a few hundred for claims, it wouldnt be worth the difference in my opinion (and having to see him and time and energy spent too). unless you want to shove it in his face, then it might be worth it.
i bought real estate with ex-FH and when he bought it off of me, he didn't even give me my full deposit back because the property had depreciated (in less than a year). my @$$ is did. i couldn't be bothered. sometimes your freedom is worth the money spent. stay strong.
leesah85
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Re: i need ur opinion....
TAKE 'EM TO COURT!
madamsireeda213
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i'm sorry! Im glad ur not marrying this dude because he seems really petty and immature! I guess the biggest problem is he signed the contract even though you provided the money. Did you pay with a check or cash? If you paid with a check then that's proof that you paid the deposit and that you are entitled to the $1000 deposit back (if you decide to take him to court). I know you dont want to deal with this guy anymore but it seems like he keeps coming up even three years later, maybe if you take him to court it will finally be the end of it. True by law, he was entitled to the ring but damn thats also really petty of him too ask for it back! Whatever happens good luck!
DMLHeartsCRM
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Re: i need ur opinion....
I would definately take him to small claims if you have proof that you paid the deposit. Cancelled checks with you or your parent's name on it, solid proof. And in court evidence is everything. AND You're getting married now and that money could be used for something good.
(I'm not a lawyer but my FH's exwife takes him to court for EVERYTHING. I swear we've been in and out of court so much I'm starting to know the security guard's names and life story!!!!! So i'm getting a handle on things. )
angelabarra12
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Re: i need ur opinion....
id deff take him to court!! u know how i feel lol....after what he put you through danielle!!! and like you said 1000 can go a longggg wayy!!! you deserve something back from all this!!!
Danielle41209
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Re: i need ur opinion....
Make sure you still have the receipts that show YOU and your family put the deposits in.
But take him to court. You gave him the ring so that suit is out of the question. But take him to small claims court. He might have signed the contract 1st but you paid the money and the money is yours. 1000 is money that you can save for anything (i.e. money for your HM)
