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If she now lives in Switzerland and I am in Singapore, is there

 
TKenney, Ph.D.'s Avatar
  • Answered by:TKenney, Ph.D.
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Customer Question

If she now lives in Switzerland and I am in Singapore, is there a way for me to legally require her to return the ring back to me? She broke the engagement.

Submitted: 330 days and 23 hours ago.
Category: French Law
Value: $45
Status: CLOSED

Accepted Answer

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Expert:  TKenney, Ph.D. replied330 days and 22 hours ago.


TKenney, Ph.D. :

Hello, if you have her address in Switzerland and if the law in Switzerland is like the law in France, then you will need to get a lawyer in Switzerland to file a law suit against her in Switzerland requesting that she rreturn the ring back. You will have to file a law suit in the city country where she is living (and a resident). But before filing before a court, you should send a registered letter to her requesting that she return the ring. This will show the the court that you tried to settle the matter amicably and that you had no othe choicer but to take the matter to the court of juisdiction.

TKenney, Ph.D. :

The fact that ou are not in the same country complicates things.

TKenney, Ph.D. :

The fact that you are not in the same country complicates things.

Customer : Thank you. How does being in different countries complicate the matter? I would like to know if the is a clear method to achieve my objective ie. to have the ring back...as I had posed in my question. Thank you
TKenney, Ph.D. :

Hello, Please keep in mind that I am a French law expert, not an expert on the law in Switzerland or Singapore. The reason I wrote that the matter will be complicated is because you two are not in the same country. You will have to go through the legal system of a foreign country and the procedures and requirements can be complicated being that you are not in the countries.

TKenney, Ph.D. :

Complication does not mean it will be impossible.

TKenney, Ph.D. :

The clear method is first to write a registered letter to you ex-fiancée requesting her to return the ring.

TKenney, Ph.D. :

If she does not return the ring, then you must take the matter to court.

Customer : She is a French national and the engagement was in France. I had sent this request to a lawyer named Valcke whom I had asked about this earlier. Apparently this site had sent it to you instead. I would appreciate if this can be corrected. Thank you
TKenney, Ph.D. :

She can say she lost it or it was stolen.

Customer : Her official address for bank matters is actually in Orleans
TKenney, Ph.D. :

I read you conversation with the expert named Valcke http://www.justanswer.com/french-law/6mfkb-law-france-pertaining-engagement-rings.html

TKenney, Ph.D. :

I am a lawyer in France. You did not request Valcke in the beginning, this is why I answered your question.

Customer : I did ask her verbally before and she did say that it was lost. However, the break was somewhat amicable. She later told me she lied and I have picture of her wearing it. Since then she just ignored the matter
TKenney, Ph.D. :

I read your conversation with the expert Valcke (at http://www.justanswer.com/french-law/6mfkb-law-france-pertaining-engagement-rings.html) to get your background information before answering your question.

Customer : Thank you. I understand. Since I live and work outside France, I am in need of someone to manage this recovery if possible. I would appreciate if you can point me to the correct direction? The value of the ring is unfortunately more than 10,000e
TKenney, Ph.D. :

You trying to get your ring back is a civil matter (not a criminal matter), this means that you firts must send her a registered letter requesting her to return the ring.

Customer : I understand. Should it be from France or can the registered letter be from outside France? Would a letter by say FedEx be correct?
TKenney, Ph.D. :

You can initiate the case in France, if she has an address in France and you have that address. If she no longer has an address in France you wil have to take the matter to the court of jurisdiction in the country where she is living.

Customer : Her official address should still be in Orleans I am sure. She is not a registered resident in Switzerland
TKenney, Ph.D. :

You need to show proof that you requested the return of the ring. Again if she says she lost it or tht it was stolen, you must have a plan B.

Customer : What is a useful plan B?
Customer : Won't she still be indebted for the value of the ring?
TKenney, Ph.D. :

Please keep in mind that as a French law expert, I can not advise you on this website. It is against the JustAnswer policy. While I am indeed a French lawyer in Paris, on this website, I am just a French law expert answering questions on French law and on my free time. In order for me to counsel someone, I would need to see him/her (in person or on the phone), see all his/her documents, and establish a formal attorney client relation. In fact, the Just Answer disclaimer clearly states the following : "Posts are for general information, and are not intended to substitute for informed professional advice (medical, legal, veterinary, financial, etc.), and do not establish a professional-client relationship." No attorney client relationship has been formed.

TKenney, Ph.D. :

I am here to answer your first question.

TKenney, Ph.D. :

You are asking a lot of questions.

Customer : I understand. If needed, I am desirous to recover this ring and would seek to appoint a lawyer to that affect
TKenney, Ph.D. :

I would like to help you mor. before I can go on you must rate my answer to your first question then start another page.

TKenney, Ph.D. :

Yes.

TKenney, Ph.D. :

You must first send a registered letter (something that she will sign when she receives it).

Customer : Of course. But isnt it better since I need to appoint a French lawyer, we proceed formally outside of this? Or perhaps I should ask for a recommendation for a good and reputable French lawyer in Paris to appoint to get this done successfully?
TKenney, Ph.D. :

If you do not get the desired results, then you must take the matter to the court of jurisdiction.

TKenney, Ph.D. :

I can n ot give you advice. You are asking for advice.

TKenney, Ph.D. :

n order for me to counsel someone, I would need to see him/her (in person or on the phone), see all his/her documents, and establish a formal attorney client relation.

TKenney, Ph.D. :

It is against the Just answer policy to give advice. Your question was :

TKenney, Ph.D. :

"is there a way for me to legally require her to return the ring back to me?

TKenney, Ph.D. :

I am explaining the legal way to try and get your ring back.

TKenney, Ph.D. :

Any questions regarding a plan and the jurisdiction must be discussed with a lawyer in a formal consultation. After seeing all your documents, the lawyer will tell you if he/she can initiate a court action in France.

Customer : I must be in France to appoint a lawyer then. Thank you for your answers. It is much appreciated
TKenney, Ph.D. :

If you decide to appoint a French lawyer, that lawyer will come up with a strategy for your after talking with your and reveiwing your documents.

TKenney, Ph.D. :

You do not have to be in France.

TKenney, Ph.D. :

You do not have to be in France to appoint a French lawyer. You can do this by phone or email.

TKenney, Ph.D. :

However, I can not tell you personnally need a French lawyer or a lawyer from Switzerland. What I can say is that if your ex-fiancée has an address in France as is a resident of France, then your lawyer will be able to initiate he case in France. You and your lawyer will have to talk about plans B and even C.

TKenney, Ph.D. :

However, I can not tell you personnally if you need a French lawyer or a lawyer from Switzerland. What I can say is that if your ex-fiancée has an address in France and she is a resident of France, then your lawyer will be able to initiate he case in France. You and your lawyer will have to talk about plans B and even C.

TKenney, Ph.D. :

Again, I am here to answer your initial question : "is there a way for me to legally require her to return the ring back to me?"

Customer : Thank you very much for your answer.
TKenney, Ph.D. :

I informed you of the legal ways.

TKenney, Ph.D. :

You are quite welcome.

Customer : Thank you again.

Expert TypeFrench Attorney (Avocat à la Cour)
Category: French Law
Pos. Feedback: 96.1 %
Accepts: 695
Answered: 6/28/2012

Experience: Practicing law in France, 10+ years of experience on Paris Bar. Taught French Business Law in US

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