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Napiers file jewelry response

Alicia and Anthony Napier of Colfax filed responses Feb. 26 in superior court to the jewelry repossession suit which has been filed against them by Harry Ritchies Jewelry, Inc., Portland.

The company filed for a show cause order seeking return of jewelry because the Napiers allegedly failed to make payments under a retail purchase agreement. The suit said the purchase agreement assigns security interest in the jewelry pieces to Ritchies.

In their responses filed in court Friday, the Napiers allege the assignment of security interest expires when the price of items purchased has been paid. They listed 21 purchases from 2003 through March of 2007 which they say have been concluded. They also listed five purchases, between September and November of 2007 which have not been concluded but contend the amounts due would be offset by alleged fraud in inducement.

The Napiers alleged items purchased turned out to have actual value less than value advertised. One example cited said a diamond tennis bracelet advertised at 10kt was actually valued at 7.5kt by another jeweler. The Napiers said they have paid $65,000 in down payments and payments on the jewelry.

 

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