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Internet rip off

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ssdynos

Junior Member
What is the name of your state?CA

I made an agreement to purchase a rather expensive cell phone from someone in Kentucky (I'm in California) and I have been ripped off. It has been over two months since I made payment to him and he claims the phone was sent but I never received it. He said he would look into it and sounded sincere at first but after a month I never heard from him again.

My question is - what are my legal options and if I decide to pursue him in court can I sue for all of my expenses that I would incur since I would ahve to travel out there (unless there is another option). I'm at the point where I don't mind travelling out there since I am not one to just sit back and be taken advantage of. If, however, I can not get the costs back of travel and other incidentals then it would obviously not be worth it. I don't know of all of my options since I have not had to deal with something like this before.

Any answers would greatly be appreciated.

-ssdynos
 


I AM ALWAYS LIABLE

Senior Member
ssdynos said:
What is the name of your state?CA

I made an agreement to purchase a rather expensive cell phone from someone in Kentucky (I'm in California) and I have been ripped off. It has been over two months since I made payment to him and he claims the phone was sent but I never received it. He said he would look into it and sounded sincere at first but after a month I never heard from him again.

My question is - what are my legal options and if I decide to pursue him in court can I sue for all of my expenses that I would incur since I would ahve to travel out there (unless there is another option). I'm at the point where I don't mind travelling out there since I am not one to just sit back and be taken advantage of. If, however, I can not get the costs back of travel and other incidentals then it would obviously not be worth it. I don't know of all of my options since I have not had to deal with something like this before.

Any answers would greatly be appreciated.

-ssdynos


My response:

You're not entitled to your costs as part of the judgment. That's your loss, and your mistake, for doing business across State lines.

Guess what? The other party knows it, too.

IAAL
 

amdworld

Junior Member
I'm sorry to be ignorant, but why is he not entitled to a refund for the puchase?
Does this out-of-state purchases apply to all purchases bought over the internet or something? Cause that would be outrageous.
 

I AM ALWAYS LIABLE

Senior Member
amdworld said:
I'm sorry to be ignorant, but why is he not entitled to a refund for the puchase?
Does this out-of-state purchases apply to all purchases bought over the internet or something? Cause that would be outrageous.

My response:

I never said he wouldn't be entitled to a refund of the "purchase". I said, his "costs". Costs expended to exercise one's rights, in the absence of a contract specifying the contrary, are never awarded as part of a judgment.

IAAL
 

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