Should I go to Small Claims Court

[singingjeanne]

Craigslist...what are my chances???

What is the name of your state (only U.S. law)? South Carolina

i bought some items off of craigslist for $200 in Columbia, SC. I meet the lady and only looked at the stuff that was on top. When I got home I realized that the I was missing seven items and contacted the lady. She said that she would meet with me and give me the other items. When I tried contacting her, she would never answer the phone. I emailed her after trying numerous time to reach her that I would pursue this at court if I received no answer from her and didn't get back my items but also said that I would just like to resolve this matter by getting my items. She sent me an email that she knew that she owed me these things but her daughter was sick and couldn't do it today but could meet up the next day, to just call her after I talked to me husband about when he would be in her area. I called that night and nothing. I have tried to contact her many times and hear nothing from her. I posted a thing on craigslist saying not to buy from her (just used first name and her listing ID)and she saw it and texted me that I was crazy (then some 14 texts) and she was going to the police for harassment. I just replied that I was taking her to small claims court. I am now looking at the items and see that everything has a stain on it and she claimed in her post that they are in "PERFECT" conditions and only have been worn once and you can clearly see that they have not and the tag says they are from 2003. So my question is should I take her to court for the things that I did not get. Is it worth my time? I just hate to think she can get away with this. Plus all the items that she did not give me was five items new with tags from gymboree.

 

[sandyclaus]

What is the name of your state (only U.S. law)? South Carolina

i bought some items off of craigslist for $200 in Columbia, SC. I meet the lady and only looked at the stuff that was on top. When I got home I realized that the I was missing seven items and contacted the lady. She said that she would meet with me and give me the other items. When I tried contacting her, she would never answer the phone. I emailed her after trying numerous time to reach her that I would pursue this at court if I received no answer from her and didn't get back my items but also said that I would just like to resolve this matter by getting my items. She sent me an email that she knew that she owed me these things but her daughter was sick and couldn't do it today but could meet up the next day, to just call her after I talked to me husband about when he would be in her area. I called that night and nothing. I have tried to contact her many times and hear nothing from her. I posted a thing on craigslist saying not to buy from her (just used first name and her listing ID)and she saw it and texted me that I was crazy (then some 14 texts) and she was going to the police for harassment. I just replied that I was taking her to small claims court. I am now looking at the items and see that everything has a stain on it and she claimed in her post that they are in "PERFECT" conditions and only have been worn once and you can clearly see that they have not and the tag says they are from 2003. So my question is should I take her to court for the things that I did not get. Is it worth my time? I just hate to think she can get away with this. Plus all the items that she did not give me was five items new with tags from gymboree.

Herein lies the problem with your claim.

You met the lady and only looked at the items on the top. Apparently they were satisfactory to you, so you paid her in full for everything you had agreed to buy. The problem was that you didn't verify that everything was there, and what was underneath (that you didn't inspect) wasn't in that good of shape, nor as new as you had been told it was.

It was YOUR responsibility to fully inspect the items you were buying, to ensure that you got everything you were supposed to have received, and that all items were in the same condition as promised/advertised. When you paid for the items, that essentially said that everything was fine, all was as promised and received as agreed. Had you properly inspected the items before you paid, you would have discovered the problems and could have addressed them there and then.

This will be a classic "She Said, She Said" situation. The seller can easily claim that she gave you everything just as promised (and you have no way to prove otherwise). She can also claim that YOU may have done something with the "missing" items, or swapped out the items you are claiming not to be in the promised condition. I'm not saying you did, but again, without proof to the contrary, it would be easily believable. Especially because you PAID IN FULL for the items when you received them (it makes no sense that someone would pay for things that were clearly missing or in poor condition).

I would consider this a lesson learned. Not everyone is an honest seller, and you have to take the proper steps to protect yourself. Because you didn't, you got taken this time. You can learn from this mistake and take a different approach next time.