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TJ, Esq.
TJ, Esq., Attorney
Category: Legal
Satisfied Customers: 10038
Experience:  JD, MBA
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Hello, I was engaged and had to call off my engagement. A few

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Hello, I was engaged and had to call off my engagement. A few months afterwards, I gave the engagement ring to my brother to return to my ex fiance. This was followed by a trip to Texas by my ex fiance to return the ring to me, stating it was an unconditional
gift and to please accept it back as an apology for all the wrong he'd done etc. He specifically said tht he knew I had no interest in reconciliation but I deserved that ring after all he'd put me through , etc. .. We became friends afterwards, but he started
overstepping boundaries and becoming verbally abusive.. After asking him to please stop contacting me because I did not feel it was healthy for us to continue to be friends , he cursed me out and demanded the ring back. I told him to please contact a lawyer
as I was done being civil with him and doing this back and forth. He still sends emails stating he didnt mean it was unconditional and when he flew to texas he was just doing and saying whatever it took to get me back etc. He has also involved other people
in this personal matter . Is there any way short of a restraining order that I can have this matter settled in court in the presence of a judge ? Also, is he entitled to the ring back at this point after giving it to me again as an "unconditional gift" rather
than an engagement ring? Im certain all of this can be proven as most of our conversations take place via texts and emails..What is your advice on how to proceed ? I think it is also important to mention that he bought the ring wholesale at a quarter of the
price from my childhood friend and it was custom made for me. He would make a significant (over double) the profit should he sell the ring. I dont know if this is relevant but it seems wrong that someone be able to profit so much by intentionally hurting another..
Submitted: 1 year ago.
Category: Legal
Expert:  TJ, Esq. replied 1 year ago.
Hello, and thank you for allowing me the opportunity to assist you.
Q: Is there any way short of a restraining order that I can have this matter settled in court in the presence of a judge ?
A: There is an old saying that you probably know: possession is 9/10 of the law. That old saying is quite apt here, because you have the ring, so there is nothing for you to do. If he continues harassing you, then you can get the restraining order. But there is no reason for you to take this to a judge since you have the ring and don't need anything from your ex. It is up to your ex to sue for the ring. If he does, then a judge will decide.
Q: Also, is he entitled to the ring back at this point after giving it to me again as an "unconditional gift" rather
than an engagement ring?
A: No, he is not entitled to the ring. Based on what you wrote, he gave it to you as a gift rather than an engagement ring (i.e., a conditional gift). Accordingly, it is yours and he cannot get it back unless you voluntarily give it back.
Q: What is your advice on how to proceed ?
A: If I were you, I would tell him that you are keeping the ring since it was a gift, and that if he wants it back then he will need to sue. I would also tell him that if he does not stop the harassment, then you will be forced to get a restraining order, in which case he will not only be out an expensive ring, but he will also have the restraining order on his record, which could present problems for him in the future. You could also retain an attorney to write a cease and desist letter. That may be helpful to get him to stop without the need for a restraining order, though it would likely cost you $500 (give or take). The restraining order would be easier and cheaper. Just visit the local police department and they will likely help you with the forms.
Does that answer your question? Please let me know if you need clarification, as I am happy to continue helping you until you are satisfied. Also, your positive feedback is much appreciated. Thank you for using our service!
If you would like to direct additional legal questions to me in the future, then please type "To VAMD" in the subject line of your question.
Customer: replied 1 year ago.
Wow thank you so much for that detailed and timely response. If you dont mind, will you please clarify what a cease and desist letter is as I am unfamiliar with this term?
Expert:  TJ, Esq. replied 1 year ago.
Hi again. I'm glad to be of help.
A cease and desist letter is basically a letter from an attorney which threatens legal action unless the recipient of the letter stops doing whatever it is he is doing (in your case, the harassment). It doesn't really have much legal significance since it is really just a threat, and not an order like you'd be able to get in court. But it is often helpful in these situations because most people fold under pressure when they get a threatening letter from an attorney. They know that you mean business, and that they are on the verge of being sued or of some other negative legal action. So, it may be worthwhile to retain an attorney to write such a letter if you want to avoid actually getting the restraining order.
TJ, Esq., Attorney
Category: Legal
Satisfied Customers: 10038
Experience: JD, MBA
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TJ, Esq.
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JD, MBA