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castawayus68

New member
What is the name of your state? Michigan
I found an item I wanted to purchase on Facebook Market place. I contacted the seller and she said the item was available. I asked her if she could deliver it. She said she could have her boyfriend deliver it for an additional $50 but she had no money for gas and said if I send all the money Western Union she would deliver it the same day. Then she asked if I could put the Western union in her boyfriends name so he could pick it up after work, get gas and bring the item to me. I agreed. An hour after he picked up the money she messaged me saying his truck broke down and he could not bring the item today but would bring it the next day. Long story short after tons of excuses and messages back and forth she never delivered the item, I asked for my money back and she said: "I don't give refunds" She then messaged me and told me to come pick the item up myself, giving me "her address", so I paid a friend $50 for gas and we drove for hours trying to find this address to no avail. I messaged her again and she got really nasty with me. I told her I was going to contact the police and she said go ahead. I did and they told me it was a civil matter. What I need to know is in filing a small claim which venue would I use AND since the boyfriend is the one who actually "picked up" the money do I add him to this claim?
I have tracked both down via some good ol fasion PI work. As far as venue, the item was posted in the Mt. Pleasant Mi yard sale Facebook pg. The money was both sent and picked up in Mt. Pleasant Mi. She lives in Harrison Mi and the boyfriend lives in Midland Mi and I live in Midalnd Mi. Total money out is $500 so far. I have all messages, and Original ad. saved and printed.
 


PayrollHRGuy

PayrollHRGuy

Senior Member
I would have all of the messages and the original ad framed and put on your wall as a reminder of how not to be scammed because you have been.

You can sue everyone and their dog and the chance of ever seeing a dime back are so close to zero that it is silly to even hope.
 
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Zigner

Zigner

Senior Member, Non-Attorney
How many disclaimers, warnings, etc., did you have to ignore on the WU web site in order to be able to send that money?
 
adjusterjack

adjusterjack

Senior Member
castawayus68 said:
I found an item I wanted to purchase on Facebook Market place. I contacted the seller and she said the item was available. I asked her if she could deliver it. She said she could have her boyfriend deliver it for an additional $50 but she had no money for gas and said if I send all the money Western Union she would deliver it the same day. Then she asked if I could put the Western union in her boyfriends name so he could pick it up after work, get gas and bring the item to me. I agreed.
Click to expand...
Here's your sign.

castawayus68 said:
As far as venue, the item was posted in the Mt. Pleasant Mi yard sale Facebook pg. The money was both sent and picked up in Mt. Pleasant Mi. She lives in Harrison Mi and the boyfriend lives in Midland Mi and I live in Midalnd Mi.
Click to expand...
Pick what's convenient for you. Doesn't matter as they aren't likely to show up and you'll get a default judgment that's suitable for wrapping fish or lining the bird cage.
 
quincy

quincy

Senior Member
castawayus68 said:
What is the name of your state? Michigan
I found an item I wanted to purchase on Facebook Market place. I contacted the seller and she said the item was available. I asked her if she could deliver it. She said she could have her boyfriend deliver it for an additional $50 but she had no money for gas and said if I send all the money Western Union she would deliver it the same day. Then she asked if I could put the Western union in her boyfriends name so he could pick it up after work, get gas and bring the item to me. I agreed. An hour after he picked up the money she messaged me saying his truck broke down and he could not bring the item today but would bring it the next day. Long story short after tons of excuses and messages back and forth she never delivered the item, I asked for my money back and she said: "I don't give refunds" She then messaged me and told me to come pick the item up myself, giving me "her address", so I paid a friend $50 for gas and we drove for hours trying to find this address to no avail. I messaged her again and she got really nasty with me. I told her I was going to contact the police and she said go ahead. I did and they told me it was a civil matter. What I need to know is in filing a small claim which venue would I use AND since the boyfriend is the one who actually "picked up" the money do I add him to this claim?
I have tracked both down via some good ol fasion PI work. As far as venue, the item was posted in the Mt. Pleasant Mi yard sale Facebook pg. The money was both sent and picked up in Mt. Pleasant Mi. She lives in Harrison Mi and the boyfriend lives in Midland Mi and I live in Midalnd Mi. Total money out is $500 so far. I have all messages, and Original ad. saved and printed.
Click to expand...
Why didn't you pick the item up yourself? What was the $500 item you purchased?

Giving a stranger $50 to cover gas and delivery is absurd, with gas in your area under $3.00 a gallon.

You can sue both the seller and the boyfriend in small claims.

Good luck.
 
PayrollHRGuy

PayrollHRGuy

Senior Member
Is there even any reason to believe that the scammer is even in the same state as the OP? I thought WU could be picked up anywhere?
 
Zigner

Zigner

Senior Member, Non-Attorney
quincy said:
You can sue both the seller and the boyfriend in small claims.
Click to expand...
What would be the reason for suing the boyfriend? The boyfriend never had any part in this (it was the GF who provided the random name of some guy).
 
Zigner

Zigner

Senior Member, Non-Attorney
quincy said:
The boyfriend apparently was the one who was sent the $50. It won't hurt to sue them both.
Click to expand...
I agree that it won't hurt, but I don't think the boyfriend actually has liability in this matter. The woman gave the name of the boyfriend merely as the agent to receive the money on her behalf. The OP and the BF never had any sort of agreement in the matter.
 
quincy

quincy

Senior Member
Zigner said:
I agree that it won't hurt, but I don't think the boyfriend actually has liability in this matter. The woman gave the name of the boyfriend merely as the agent to receive the money on her behalf. The OP and the BF never had any sort of agreement in the matter.
Click to expand...
Castawayus agreed to terms of delivery and sent money to the boyfriend.

A problem potentially could arise with venue because three counties are apparently involved (Midland, Clare, Isabella) but the 75th District Court in Midland seems a proper place to file.

Here is a link to information on small claims in Michigan: https://michiganlegalhelp.org/self-help-tools/money-and-debt/taking-small-claims-case-court

I don't hold out much hope for recovery should a judgment be obtained but it is worth a shot.
 
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