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i need ur opinion....

Original post by NellieBellie32

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
FutureMrsPanuch Posted:

Re: i need ur opinion....

definalty take him to court.. that money is rightfully yours

JuneBride14 Posted:

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


i don't know the extent of the NY law, but i know some states say that if the ring was given as a gift (i.e. christmas or birthday) then it is a gift and the man has no legal rights to it. Other states view it as a contract and whoever breaks off the 'contract' (marriage) has no right to the ring. so if you had legal rights to the ring under either of those scenarios and do go to court you can at least indicate that you gave back the ring despite having legal custody of it. which will further prove that he has NO right to the money being refunded by CB.
LoveyDovey Posted:

Re: i need ur opinion....

im going to say the complete opposite...

I wouldn't go to court

you are starting your new life and enjoying one of the happiest times in your life, ever! you are getting married!

leave the past in the past!!! continue to move forward

screw the 1k...its not worth the aggravation, stress, drama or negativity!

dont give that loser the satisfaction of knowing that you even care in the slightest way!!!


buttttt if you do decide to go, i'll support your choice and tell you to fight to the end!
adelya21 Posted:

Re: i need ur opinion....

ye i agree about the ring as far as the law in NY is concerned. Wait so he signed the contract but paid nothing? did you sign it? take him to ct dont lose the 1k!
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?

FutureMrsDe Posted:

Re: i need ur opinion....

Maybe you should just start with a letter from your lawyer saying if he doesn't sign then you will take him to court. it will be a lot easier for him to sign a paper then pay for legal fees. so i t may scare him into just doing it. if he still doesn't then take him to small claims court and sew him for your lawyer fees that could have been have been avoided.

Moonmist09 Posted:

Re: i need ur opinion....

i agree with the other poster. can you get a letter from your attorney stating that this is all you will get and to have him sign the papers? he won't get the money anyway.
i really think he may be calling your bluff. if that doesn't work, then go for small claims court! you could totally use that money for something else!
TheFutureMrs2011 Posted:

Re: i need ur opinion....

I would file if I were in your situation. I understand some points about not wanting to drag this out anymore and to just move on, but it is really unfair for you to continue to suffer because of him.. $1000 is a nice chunk of money to be able to put towards your wedding, honeymoon, savings, anything really! Its rightfully yours and I would do what it takes to get it back and make sure he gets nothing.

Good luck!
Dramatica Posted:

Re: i need ur opinion....

Take him to small claims

If he doesn't show you'll get a default judgement
and then its all about getting it enforced. (IE taking it to your local sherriff's office. )

If you have an atty who would be willing to help out for either no fee or reduced you can have him do an assets
check and take legal action against said assets

Its only 1k..but I would do it to make my point.

Also did you give him back the ring? If you and your parents paid everything initially...why would he be going after you?
NellieBellie32 Posted:

Re: i need ur opinion....

He wont return any phone calls from my lawyer....i really want to get her involvred again bc its gonna cost me money.....small claims courts no lawyers are needed and its dirt cheap

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