I took my watch to a jeweler and never got it back.

UPDATED: Oct 2, 2022

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I took my watch to a jeweler and never got it back.

Two years ago, I took my Rolex watch to a jeweler recommended by a friend, for
repairs. I was told that he took a long time to make repairs.I have been trying
to get my watch back now for over a year. He can’t find it. I have called many
times to inquire about it, and even filed a police report. He claims the sign in the
shop ‘Not responsible for items left over 100 days’ protects him. The current
value of the watch is 7,000, and I was planning on giving it to my daughter.
How to handle??

Asked on August 6, 2019 under Business Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

His sign in the store window does not protect him against suing him for theft--for him intentionally taking it. It only protects against simple negligence or carelessness: i.e. misplacing something over time. Sue him based on theft, which is a reasonable supposition given the watch's value and his initial alleged "delays", for what it was worth.

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