Small Claims - Scammed by Craiglist Seller though my father

C

cgod

Guest
Jurisdiction
Florida
Good evening.

I'm currently in California, but I'm From Florida and will be going back in about 5 months. Because of this, I frequently add Florida (Pensacola) to my Craigslist searches for various items. I'm always looking for good deals on some things.

Yesterday evening, I saw 5 Craigslist ads for various video game systems and their respective games in Florida. I contacted the seller via text about the ads and had him send me pictures of all the games included. I quickly asked to buy all 5 sets. After some texting, he agreed that he'd sell me all 5 of the systems for the desired purchase price(s). Each ad was set at $40, so we agreed that I'd give him $200 for everything included in the 5 ads (5 systems, their controllers, cables, and all the games he sent me via pictures).

Since I'm not currently local, I told him my dad would be picking up the lot. He asked if my dad knew what he was looking for. I told him I'd tell my dad what he should be getting. My dad is one county over, but only about a 20 minute drive to the seller's county, where they met at a Dairy Queen. The seller hands my dad "everything", and my dad gives him the $200 he just pulled out of the bank. My dad doesn't know exactly what he's supposed to be getting, but after some small talk, he trusts him.

It was late, so the next day my dad separates everything and takes pictures for me so I can see that it's all there and know exactly what I got (to compare with the pictures I got from the seller). One of the systems, the most important one, and its' respective games/cables/controllers wasn't there. My dad got 4 of the lots, not 5.

I attempted to contact the seller via text, then phone call. It was quickly obvious that I had gotten scammed. I sent him a neutral toned text that basically said I'd like him to do the right thing and bring me what was promised to me. I stated that he made it easy, I would even be willing to give him a little bit more because he's "having a baby soon and needs the money/space". I believe that to be true, but who knows at this point. I also said that if he chose to continue the scam, that I would take the texts, pictures, ad screenshots, his name, address, and vehicle make/model/color to the police to file a report. Something I didn't want to do. Some of the latter information I was able to receive through online searching. I have lots of information on him, and the texts are clear that I was supposed to receive XYZ for $200.

No response. I continued my research and found what I thought was a couple more phone numbers associated with him. I attempted to call a couple numbers throughout the day, never making any connection. Nobody ever answered any of the calls. To be honest, the only one I KNOW is his is the one he texted me from. The rest are just educated guesses, good possibilities. So, one question is this: Having called these numbers with no answers, and nobody saying "Leave me alone, don't call again", would that be harassment? I also found what I think is his email address, and sent him 3 fairly nice emails basically stating what I said in the text, wanting no trouble, just what I was promised, and that I would be taking further action if I didn't hear from him soon.

Haven't heard from him, so I ended up calling the local Police Department, asking for what steps to take. I was advised to call the Sheriff's Department. Before hanging up, I asked the Sergeant if it would be harassment if I contacted what I believe to be his wife's email to possibly resolve the situation. He said he wouldn't consider it harassment. I called the Sheriff's department and asked the female clerk(?) what I should do. Given the situation, she said for my dad to call in the morning and (hopefully) give his statement to a deputy, or he might have to drive over to do so, which he's willing to do if necessary. I also asked her the harassment (if I email the wife) question. I'm not even sure I have her email, but I think it might be. She said she wouldn't do that, she believes it could be considered harassment.

So that's that.

Questions: Regarding small claims, since I'm in California, and my dad was the one to pull the money out, meet him, and complete the transaction, could my dad be the one to go to small claims and complete the process? Would I be able to give him my text messages, pictures, etc. for him to use in the case? He took his own money out, drove over there, and bought the items. Even though I found them, and they're for me.

I'll be there in about 5 months, and just don't want to have to wait that long to do something about it. If I did (have to) wait, how would/could the 5 months hurt me?

I went to a reliable website that prices games and itemized everything that was missing. The total, by today's values, came out to $411.63. I was obviously getting a good deal by paying $40. The others were good deals, but not nearly as much (approx. $385 worth of games/consoles for $160). Would I be able to go to small claims for the assessed value of the lot? I would either like the lot of games with the system, or the value of their worth. I'm fairly certain that he sold the system and games for more afterward, as he most definitely put up another Craigslist ad asking for much more than before. I'm sure he got something for it all, so getting the bundle back isn't likely. But, the value?

Thanks in advance for reading this and answering any/all questions.


- CGG
 
So, one question is this: Having called these numbers with no answers, and nobody saying "Leave me alone, don't call again", would that be harassment?
No, it would not.
Regarding small claims, since I'm in California, and my dad was the one to pull the money out, meet him, and complete the transaction, could my dad be the one to go to small claims and complete the process? Would I be able to give him my text messages, pictures, etc. for him to use in the case? He took his own money out, drove over there, and bought the items. Even though I found them, and they're for me.
You're better off suing. Your dad was basically acting as an agent for you, you negotiated the price, you're the one who knows what you were supposed to get.
If I did (have to) wait, how would/could the 5 months hurt me?
It probably wouldn't hurt you in court. You have a good reason for the delay. But it gives the scammer another 5 months to vamoose.
 
Thank you for the prompt reply.

So, do you feel I could safely email his wife? Assuming the email I have found is correct. I would certainly prefer to settle this without taking legal steps.

I understand it's better if I do. That makes sense. But, would it be a problem if my dad does it? Is it possible/ok? I could provide him with everything I have previously mentioned as well as my signed/notarized statement, no?

If that's REALLY not a good option, what can I do without actually going to Florida just for this matter? Not worth it if I have to do that. I'd be better off waiting until I get there in 5 months. Can I take another action besides small claims? Settle beforehand? Etc.

Again, thank you very much!

Edit: Given the details I've laid out, do I have a good shot, a decent case? And what about the monetary value question?
 
Thank you for the prompt reply.

So, do you feel I could safely email his wife? Assuming the email I have found is correct. I would certainly prefer to settle this without taking legal steps.

I understand it's better if I do. That makes sense. But, would it be a problem if my dad does it? Is it possible/ok? I could provide him with everything I have previously mentioned as well as my signed/notarized statement, no?

If that's REALLY not a good option, what can I do without actually going to Florida just for this matter? Not worth it if I have to do that. I'd be better off waiting until I get there in 5 months. Can I take another action besides small claims? Settle beforehand? Etc.

Again, thank you very much!

Edit: Given the details I've laid out, do I have a good shot, a decent case? And what about the monetary value question?

KILLERSLIST scams happen everyday. Unless a KILLERSELLER murders his victim, nothing ever happens to them.

Sure, you can bring a small claims case, but that means you'd have to find out which KILLERSELLER allegedly tricked your pops.

If I were you, I'd cease trying to reason with the scammer. Heck, going to small claims over the $40 missing item, even if you're successful will only rack up more losses, even if you prevail.

Don't be naive enough to think a $40 judgment against the scammer will ever be paid. The lesson here mate, is people lose much more than money when doing business over KILLERSLIST.

Sorry for your loss, if I were you, I'd let it go. I'd also stop spamming people, because the ones you're contacting might not be the one who allegedly ripped off your pops.
 
So, do you feel I could safely email his wife?

Don't bother.

The wife of a low life will likely also be a low life and won't get you anywhere.

My advice: Give it up, get over it, get on with your life, and never send your father out to buy stuff for you.
 
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