Sold Item and now buyer isn't Paying

[pleasehelpme1]

What is the name of your state? California

I posted baseball tickets for sale on Craigslist. Since it was near game time and we wouldn't be able to meet in person, I agreed to relay (email) the tickets to her, and that she would then mail me payment. This agreement is documented in multiple emails. The last email I received from her thanked me for the transaction and indicated that she would be mailing payment immediately.

It has been a few weeks now and I have not received payment. I have sent her several email reminders regarding payment, all of which have been ignored. I tried to call her yesterday and she finally picked up. When I told her who I was and asked about payment, she hung up on me.

Is there any way I can still get payment? The total price is $100. I only have her first and last name, cell phone number, and fax number (which she used to call me once).

 

[CraigFL]

You can sue her in small claims court but you will need to prove she received the tickets an/or used them.

It would be interesting to know if she knows anything about the tickets or if she hung up on you because she thinks you're scamming her?

 

[JETX]

You can sue her in small claims court but you will need to prove she received the tickets an/or used them.

Not correct. There is ONLY a requirement that she received them. There is NO requirement that she actually used them.

 

[pleasehelpme1]

Thanks for the replies.

I have proof she received the tickets as the Giants website sends an email once the transfer (emailing of tickets) has been completed.

I have an email address, cell number and fax number for her (she used the fax line to call me and I kept the number), so I sent her a final demand for payment to both her email and fax and left her a voicemail on her cell indicating that I send the letter requesting payment by June 13, 2008, or else I will file a small claims case.

If she does not reply to this letter, how do I go about filing a small claims case? I do not have a physical address for her, so how can file without that information?

Thank you.

 

[Zigner]

Thanks for the replies.

I have proof she received the tickets as the Giants website sends an email once the transfer (emailing of tickets) has been completed.

I have an email address, cell number and fax number for her (she used the fax line to call me and I kept the number), so I sent her a final demand for payment to both her email and fax and left her a voicemail on her cell indicating that I send the letter requesting payment by June 13, 2008, or else I will file a small claims case.

If she does not reply to this letter, how do I go about filing a small claims case? I do not have a physical address for her, so how can file without that information?

Thank you.

You DO understand that you will likely have more than $100 in unreimbursable expenses involved in pursuing this, right?

 

[CraigFL]

Not correct. There is ONLY a requirement that she received them. There is NO requirement that she actually used them.

Actually what I meant is that if she claims she didn't receive them and you can prove she used them-- someone sitting in a nearby seat saw her there....

 

[pleasehelpme1]

You DO understand that you will likely have more than $100 in unreimbursable expenses involved in pursuing this, right?

Can't I take her to court for the original amount + court expenses then?

My question is, how do I find her "real" address then to file this? I've already tried to look her up on the internet to no avail...

 

[Zigner]

Can't I take her to court for the original amount + court expenses then?

My question is, how do I find her "real" address then to file this? I've already tried to look her up on the internet to no avail...

If you win, you will get court expenses (ie: filing & service fees). I'm talking about things like your time off work, the costs to find her (investigative reports etc)...things like that.

 

[JETX]

Okay, let's correct 'Zigners' post....
The court will allow recovery of REASONABLE costs of obtaining the location information on the buyer.

As for HOW do you get it... that depends on what information you have. There are online sites that will allow you to research with phone, cell, etc. for a fee. Or you could contact a local PI who could obtain name and contact information.
Keep receipts.

 

[Zigner]

Jet - that's not necessarily true here.

 

[JETX]

Jet - that's not necessarily true here.

99 out of 100 times.