What steps does my son need to take to file for return of his engagement ring in PA? His former fiance's father is holding the ring as collateral against some of his "out of pocket" expenses that he wants my son to pay. It's my understanding that the Lindh vs. Surman decision in 1999 prevents this from happening?
Country relating to Question: United States
State (if USA): Pennsylvania
Thanks for the chance to help. I am an attorney with over 12 years experience. Hopefully I can help you with your legal question.Can you tell me, what is the value of the ring?
Appraised at $9,000 - paid $6,000.
ThanksOne more question please...can you tell me "who called off the marriage"? Her? Him? Mutual agreement?
My son called off the engagement due to her drug problems related to depression, as well as numerous lies he caught her in. She actually attempted suicide, as well.
ThanksI agree with you, Lindh vs. Surman is the controlling case. And that is good, since that would allow him to reclaim this "conditional gift" despite the fact that he called off the marriage. In most cases, when you give a gift, title to the property transfers and you can not demand it be returned.But an engagement ring is differentIt is a gift conditioned on the marriage. If the marriage does not happen, there is no gift. So legally he has the right to the ring back.Now...if she (or her father) are refusing his demand, he has a few options.1. He can file suit in district court demanding "specific performance"...demanding the ring be returned. The court will order that happen. OR 2. He can file suit in Magisterial Court (Small Claims Court). This court will not allow specific performance. You can only request money damages. He paid $6K? He can sue for $6KSo he has recourse. He may want to go the small claims route...since you can not sue for lawyers fees in a case like this. But he may want to use this book or similarhttp://www.amazon.com/Everybodys-Guide-Small-Claims-Court/dp/1413307620Since that will assist in preparing and presenting the case.One more thought.He may want to have a local attorney send a "demand letter"This is a letter written by a lawyer, demanding payment and threatening suit if they do not comply.This sometimes can scare into payment. But if they refuse, you have to go to court.BotXXXXX XXXXXne: Your son has a case...but may need to sue to pursue it.Please let me know if you have more questions, if not please accept / rate so I get credit for my work.
Law Degree, 12 Years of trial experience
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