Bought a phone in person but it was a stolen phone

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impala333

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Hello, thank you in advance for reading my post.

I bought a Blackberry cell phone in person from a guy downtown for $300. But When I activated the phone, Blackberry blocked the phone and told me that the phone was a stolen phone. When I contacted the guy back for a refund he simply refused it and later ignored all my phone calls. I can prove that the phone was stolen but he is saying that he is not the phone who stole it so the police are saying that I am going to have to file a small claims case. He is accepting the fact that he sold the phone to me, but he is saying that he is not the one who stole the phone. I know that the cost of filing a small claim is around $100, but I am willing to file it if this case is a strong case for me. Please help this poor student. Thank you so much.
 
Seems pretty clear; the fellow sold you a stolen phone which you cannot use. He admits selling you a phone that cannot be used; the issue is not WHO stole the phone but rather that is it unusuable.

On the other hand, a judge might possibly lambast you for buying a phone from "a guy downtown" without the least concern that it might not be exactly a "legal" deal.

Gail
 
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