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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 33904
Experience:  Began practicing law in 1992
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Quick question, Michigan, I just got served in small claims.

Customer Question

Hi there, quick question
JA: What state are you in? It matters because laws vary by location.
Customer: Michigan
JA: Has anything been filed or reported?
Customer: I just got served in small claims.
JA: Anything else you want the lawyer to know before I connect you?
Customer: Not really. I just want to know if I have to return the ring legally. I'm not saying it is the moral high ground here, but they have sent my local police dept here twice and threatened legal action in the first email. I'm just mad Thanks😊
Submitted: 1 year ago.
Category: Legal
Expert:  Dwayne B. replied 1 year ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to helping you today.

Can you provide some more facts to put this into context?

Customer: replied 1 year ago. husband and I were on a cruise in Jan. We spent a lot of money on jewelry on the boat. In March I received a ring from the jewlers on the boat. No price, just a description of the ring, addressed to me with my name on it. It was left on my front porch by FedX. I honestly thought it was a thank you gift for spending so much money on the boat. I got around to sizing the ring in June I received a voice mail saying the jewler made a mistake and they want their ring back. I received an email shortly after that saying they were going to seek legal action...blah blah. Then I had a local officer show up at my door saying this jewler was looking for a ring. He said there was absolutely nothing criminal involved, he said he didn't think legally I had to anything, but he told them he talk to me. So now I am angry!! They have my address..they haven't sent any return packaging, they never sent anything certified mail, and now they are taking me to small claims court. I still need to get an appraisal on the ring. I just need to know if truly I have to by law give it back, now that is sized and I have had it for 4 months, or can I legally keep it. Thanks for your time.
Expert:  Dwayne B. replied 1 year ago.

So you received a ring but you didn't pay anything for it?

Customer: replied 1 year ago.
Correct..I honestly thought it was a thank you gift. There was no paperwork regarding the price, it was just left on my porch and it was from the ship we had just sailed on. And note, it took two months for them to contact me that they made a mistake. By then I had had the ring sized and have been wearing it. If legally I have to give it back...of course I will, but they haven't so much as sent a return envelope or a certified letter of any kind. They really pissed me off! Anyway, just let me know either way. Thanks for your time.
Expert:  Dwayne B. replied 1 year ago.

You will be forced to give it back if they sue, although you could, potentially, be able to counter-sue and ask for the amount you spent re-sizing it.

The reason is that there was no contract formed for the ring since they didn't intend to give it to you.

It may be that they just forget to follow up with you on this. I had a friend who had a similar thing happen with a painting although he had actually considered buying the painting while on the cruise which is how, we assume, that they got his name and address mixed up and sent the painting without it being paid for. With the painting they eventually made arrangements for one of the delivery companies (I think it was UPS) to pick it up.

They will be entitled to get it back but you can take the position that they need to send you something that allows you to ship it without cost to yourself. You may even want to get a local lawyer to write them a letter telling them this and also asking for the fee for resizing. The lawyer isn't going to charge much, if anything, just to write a letter for you.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work. Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered.