Unscrupulous jeweler took my ring (?)

[lkfrieden]

I need advice on how to deal with a jeweler. I left a diamond engagement ring with him in March to investigate the possibility of selling it. After 6 months of him not returning calls and giving me no documentation, he swore he would be getting a check to me by August 15. Since then I have heard nothing from him. Not only do I not have the $$, I am worried I''ll never see the ring again either! (He mentioned something about it being in Israel?!)

Has anyone else had to take legal/consumer protection action with a problem like this? Who should I be consulting with to get my ring back from this guy?

 

[canadiangrrl]

Do you have any written documentation of this transaction??

 

[NewYorker]

You were a little too trusting. First, sit down and write down every detail of your conversations with him - date, time, etc... Do you have a picture of the ring? That would help too. Next, hire a lawyer (hopefully it won't cost that much) to write him a formal letter stating the above and that if you are not either returned the ring or given monetary compensation for it by a certain date then legal actions will be started. Make sure to send it to him certified mail so he has to sign for it. Keep a copy for yourself. Then, if you do not hear back by that date - sue him.
At least, that's what I would do, but I don't think I would leave him with my ring for that long anyway to begin with.

 

[canadiangrrl]

Disclaimer - I'm not an attorney. However, logic tells me that if you have no written records/documentation, a lawsuit would be an uphill battle at best - where's the proof that this transaction actually took place? If you do have something on paper, you'd likely be in a better position.

A strongly worded letter from an attorney might just do the trick. I would also suggest calling the Better Business Bureau.

Sorry I can't be more helpful.

 

[lkfrieden]

I do have a receipt stating he received the ring and (thank god) noting the certificate number, which he also has.

I'm really upset because this guy is a friend of a friend, which is why I was trusting. I'd like to try to do this without using a lawyer if possible, so do you think writing to the professional associations and BBB will help? If it comes to legal action, what about the State Attorney General?

The whole reason I wanted to sell the ring in the first place is I'm a "starving" grad student. I don't think I can afford a lawyer...

 

[canadiangrrl]

Good news on the receipt.

You could start off by calling the BBB. I am not American and therefore not particularly conversant with your legal system (vis-a-vis your question on the State Attorney General.)

I would also investigate just how much a strongly worded letter would cost - I have a feeling that it might not be as expensive as you'd think. If you know any lawyers, it might be time to give one of them a call. They may be able to refer you to someone who can write a letter at a relatively low price. And if you're a starving college student, and your college has a law school, that might be another avenue to investigate.

Best of luck!

 

[Richard Sherwood]

I'd call the cops. He's probably sold your ring already and spent the money. A very common situation. It will end up being a civil matter in the long run, but the police will often help you out by "visiting" him and asking intimidating questions. This will shake him up, and if there's any way possible to pay you he'll do it rather than risk trouble with the police.

If he's broke, or prone to white collar larceny, you've got a tough road ahead of you with attorneys, etc. A consignment situation is in essence a "loan" of sorts. You have willingly "loaned" him your jewelry, with a civil agreement between the two of you. He in essence is merely "behind" in paying you. This kind of situation can get strung out for a long time.

With the no calls, phoney check deadline and Israel bullshit story he has already indicated his dishonesty. If you don't shake him up quick and hard, you'll likely end up with the short end of the stick.

 

[Richard Sherwood]

By the way, don't accept partial (cash) payment or a partial (jewelry) trade. This further strengthens his stand of it being a civil matter, because you have accepted partial payment, and weakens your argument that he is ripping you off.

 

[lkfrieden]

Thank you all, particularly Richard, this advice helps a lot!

Leslie

 

[NewYorker]

Will the police really get involved? That would be great, but I would think they would just tell you to get a lawyer. I guess if you told them he 'stole' from you.

 

[fire&ice]

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On 9/5/2003 2:56

8 PM Richard Sherwood wrote:

I'd call the cops. He's probably sold your ring already and spent the money. A very common situation. It will end up being a civil matter in the long run, but the police will often help you out by "visiting" him and asking intimidating questions. This will shake him up, and if there's any way possible to pay you he'll do it rather than risk trouble with the police.

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Yes, this is fairly common. He may be robbing Peter to pay Paul. We had a situation here where the person owning a "consignment" business died suddenly. The heirs (who were hard pressed to pay all his debts accrued) were selling the stuff "off the street" or consigning to a local auction house. I got wind of it & informed everyone I knew involved. If you had documentation, the police retrieved your items - some from individuals who "paid" for the items - they where SOL.

I would get my ducks in a row before calling the police. Give the guy one more definitive chance to pay you. Have him sign a statement of such. If he still doesn't pay, call the cops. This advice is null & void if the guy does not have a storefront & can up & leave. If he is free-wheeling, have the cops visit now.

I am not an attorney; but, it seems there could be something you could serve him with - like an order to pay, which I assume is served by the Civil court. Another thing, place a lien against his business. It's cheap & easy to do - at least in the construction bus. it is. Unless your documentation has a "lien waiver" in it.

I don't know how much money is involved. It may serve you in the long run to hire an attorney.

Good luck. It burns my butt that the few ruin it for the rest.

 

[mdx]

This one could be tricky. If you are feeling suspicious I am inclined to think you should not be asking for payment as this could strengthen a civil case. My worry is he could say “ I’ve sold it in the trade (Israel) but have not been paid.” Perhaps you should put him on written notice to return the ring to you in say 7days. I would like you to retain ownership of the ring rather than a claim for money.Richards comments on part payment are very valid.

Wayne
Melbourne Diamond Exchange Ltd (Australia)

 

[elgar]

As a former police officer and a current lawyer I thought I would jump in and give my 2 cents. More than likely the police will tell you this is a civil matter unless they have had other complaints. They will advise you that if you feel that the jeweler committed a crime then you should go to a local magistrate and attempt to take out an arrest warrant. If the magistrate finds that there is probable cause that a crime took place he/she will issue an arrest warrant, you will pay a fee and the police will execute the warrant and arrest the person.

You clearly have a civil action against the jeweler. Without more facts and I cant give an educated guess on whether a judge will find cause. I am pretty confident though that the police will probably not want to get involved unless they have other complaints (at least in Georgia).

Just my 2 cents and that is about what it is worth.

 

[fire&ice]

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On 9/5/2003 5:49:56 PM elgar wrote:

As a former police officer and a current lawyer I thought I would jump in and give my 2 cents. More than likely the police will tell you this is a civil matter unless they have had other complaints. They will advise you that if you feel that the jeweler committed a crime then you should go to a local magistrate and attempt to take out an arrest warrant. If the magistrate finds that there is probable cause that a crime took place he/she will issue an arrest warrant, you will pay a fee and the police will execute the warrant and arrest the person.

You clearly have a civil action against the jeweler. Without more facts and I cant give an educated guess on whether a judge will find cause. I am pretty confident though that the police will probably not want to get involved unless they have other complaints (at least in Georgia).

Just my 2 cents and that is about what it is worth.
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Elgar, with all due respect, it depends on your area/relationship. Small town - different deal.

 

[Richard Sherwood]

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Elgar, with all due respect, it depends on your area/relationship.
Small town - different deal.
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I was about to say the same thing. It depends on the area. If you've got an overworked police force swamped with more vital issues, they'll probably send you down the road. Small town police force or police force with a different attitude might handle it differently.

I've seen this situation occur several times in Sarasota (pop. 350,000), and am currently watching one such situation evolve right now. The police have visited the jeweler once over the complaint ($30,000 diamond left on consignment which the jeweler has sold and hasn't paid), and have called him into the precinct another time for more questions. He's sweating. The police are asking around to see if any other injured parties come forward. The jeweler is scrambling to come up with the money.

I'm not sure, but I think it makes a difference if the value is over $5,000.

What kind of money are we talking about LK?