Craigs List Phone Scam

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dartmouthkid

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So I bought a cell phone off of Craigs List and I did test it out before I gave the seller money. I live in Long Island City in New York and the seller lives in Brooklyn, or so he says. I met him in New Jersey to get the phone because we were going to be in Hoboken on the same day. So I buy the phone, it looks like it works but I can't switch it to my account because the ESN number is bad, which means that Verizon Wireless claims that the phone is still under contract and not paid in full and can't be used. They guy said that he gave no guarantees the phone would work on any network only that it worked and it was as is. I told him I would report the phone as stolen but want to sue him. Do I have to go to Hoboken? Can I sue him in Long Island City?
 
Sounds like you got ripped off.

You would have to sue the bad person where he lives.
 
You won't win anyway. The sale is final as is.
This is a lost cause. Avoid buying electronics that do not come with a store or manufacturer warranty.
 
You won't win anyway. The sale is final as is.
This is a lost cause. Avoid buying electronics that do not come with a store or manufacturer warranty.
In this rare instance I disagree and agree.

1. The sale may not be final "as is" with regard to the phone. The bad ESN number can be seen as a latent defect which the seller concealed. There was no way for you to properly inspect the phone and determine the problem with the ESN number. It's not a problem until the phone is transferred and it's something the seller obviously knew about but didn't mention. Any conversation you had about using the phone where the seller stood silent could translate as fraud. In small claims court, where there is more leeway with the law, there is no way the defendant wins that case.

2. I agree that it's a lost cause. Hopefully this didn't cost you much money. The time and effort to prosecute this lout will not be worth it - will it? I doubt you paid more than $100-200 at most. Unless you know where this person lives and know that he has a bank account (and know how to freeze it with a judgment) then ask yourself what your time is worth. If he refuses to pay then you may need to resort to more work to freeze his bank accounts, have a marshal seize the amount due, etc.

I can't tell you what to do. Sometimes it's a matter of principal.
 
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