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[quincy]

My only point is that the boyfriend was never involved in any of these negotiations.

I understand what you are saying. And perhaps it could be better to leave the boyfriend out of the suit. I think he can and perhaps should be included because money was sent to him directly and not to the seller (supposedly). The seller could claim she is not responsible for the boyfriend's failure to deliver.

 

[Zigner]

I understand what you are saying. And perhaps it could be better to leave the boyfriend out of the suit. I think he can and perhaps should be included because money was sent to him directly and not to the seller (supposedly). The seller could claim she is not responsible for the boyfriend's failure to deliver.

Fair enough - but the OP would only be suing the BF for $50, so it's likely that the OP would need to file two separate suits that are later joined.

 

[quincy]

Fair enough - but the OP would only be suing the BF for $50, so it's likely that the OP would need to file two separate suits that are later joined.

Possibly. I would start with a complaint against both and let the boyfriend file a motion to dismiss himself from the suit.

 

[not2cleverRed]

1) Report her to the admins of the FB page. While that won't get your money back, it might get her blocked/kicked out (temporarily, until she creates a new id. )

2) You go after the person who the money was sent to. Go after the boyfriend for the money sent to the boyfriend. She seems to acknowledge receiving the money, so go after her too. She cannot use the defense "no refunds" because she never delivered the item.

3) However, serving her could be a problem. You could not find the address she gave you. It might not be a real address. Still, it's what you got...

4) If the police didn't initially take your report, go back and file one anyhow. If this woman is running a scam regularly, and enough people complain, the police might wake up and smell the coffee.

 

[quincy]

Filing a complaint with the police is a good idea.

 

[adjusterjack]

My only point is that the boyfriend was never involved in any of these negotiations.

He facilitated the fraud by being the go-between for the money and the supposed delivery. If this was a criminal matter he'd be in the soup. I'd sue both for the full amount.

 

[quincy]

He facilitated the fraud by being the go-between for the money and the supposed delivery. If this was a criminal matter he'd be in the soup. I'd sue both for the full amount.

The only way I can see that the boyfriend would not be held liable is if the boyfriend had no knowledge of any of this (which seems unlikely given what has been described).

 

[Zigner]

He facilitated the fraud by being the go-between for the money and the supposed delivery. If this was a criminal matter he'd be in the soup. I'd sue both for the full amount.

Huh? How do you know that he did anything more than withdraw $50 from WU and hand it to his GF? I don't think there is any way to prove intent on the BF's part, nor prior knowledge of any criminal act. The BF is simply not a part of this except for the fact that the GF gave his name for the WU withdrawal?

 

[Zigner]

The only way I can see that the boyfriend would not be held liable is if the boyfriend had no knowledge of any of this (which seems unlikely given what has been described).

I agree that he might be liable for the $50, but not for the full $450.

 

[quincy]

Huh? How do you know that he did anything more than withdraw $50 from WU and hand it to his GF? I don't think there is any way to prove intent on the BF's part, nor prior knowledge of any criminal act. The BF is simply not a part of this except for the fact that the GF gave his name for the WU withdrawal?

The boyfriend can explain that to the court.

 

[not2cleverRed]

I agree that he might be liable for the $50, but not for the full $450.

It was in his name.

Per the initial post, the whole amount, in addition to the $50 delivery cost, was sent in his name.

 

[Zigner]

It was in his name.

Per the initial post, the whole amount, in addition to the $50 delivery cost, was sent in his name.

Ahh - I missed that. I was under the assumption that only the $50 was in his name. I stand corrected.

 

[quincy]

The small claims suit can be filed against both the seller and the boyfriend in Midland since that is where the seller's boyfriend apparently lives and where castawayus lives.

There is a strong possibility that neither the seller nor the seller's boyfriend will answer the complaint or appear for a hearing so it is also likely that a default judgment will be entered against them.

The problem then becomes one of collection on the judgment. And that can be a big problem for castawayus.

 

[castawayus68]

Thanks everyone for your input. I thought I made everything very clear but maybe not.
1. I believe sueing the boyfriend was proper because he was the one who actuall recived the money.
IE: The seller could easily claim she never recived it.
2. I went to pick up the "bed" myself, after many excuses from her. But she gave me the wrong address.
3. I did some good ol fasion Private Investigation myself online and got the correct address of her home which was 1 number off of what she gave me. I also found out where she works. And where the boyfriend works. <---needed for garnishment
4. I talked to the court in her county and she has another case pending for something similar
5. I am not a male, lol... I am female
6. I will go to every lenth, cross every line to make sure justice is served here.
My main concern is venue, where to file...I dont wanna have to re file due to venue...BUT I WILL!

 

[quincy]

Thanks everyone for your input. I thought I made everything very clear but maybe not.
1. I believe sueing the boyfriend was proper because he was the one who actuall recived the money.
IE: The seller could easily claim she never recived it.
2. I went to pick up the "bed" myself, after many excuses from her. But she gave me the wrong address.
3. I did some good ol fasion Private Investigation myself online and got the correct address of her home which was 1 number off of what she gave me. I also found out where she works. And where the boyfriend works. <---needed for garnishment
4. I talked to the court in her county and she has another case pending for something similar
5. I am not a male, lol... I am female
6. I will go to every lenth, cross every line to make sure justice is served here.
My main concern is venue, where to file...I dont wanna have to re file due to venue...BUT I WILL!

Midland seems appropriate. And I think you should sue them both.