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Bought a used PS3 (craigslist), wanting to get my money back, BUT...?
okay, here's the run-down. I bought a used PS3 on 10/08/2012. I realize that a fair amount of time has passed, but I've had no time to do anything about it prior to this. the original craigslist post is gone now, but he said it was functioning. when I questioned him about it not working (2 days later on 10/10/2012, had tried texting him the day after [10/09/2012] but got no response, PS3 wouldn't take games, serial code was missing, blu ray drive not functioning [be it the laser or the drive itself, i'm not sure]), this conversation happened:
me: this might be a stupid question lol but i can't seem to get any games in. am I missing something here?
i'm not pissed or anything i'd just like to know if you knew about the issue, or if a game got jammed or something and you had to take it apart to get it out. i'm fine with trying to fix it myself but i gotta know if it was causing any issues that you knew about so i can try something. don't have the money to take it to a shop so i've gotta mess with it myself. so e-mail me back if you can. thanks
him: I hit up the guy he said he opened it to get the game out that's how he fixed it
me: well it's not exactly fixed. when he opened it up he must've knocked something out of place because it won't take games at all
him: o well I didn't know that it took my game with no problems when I was playing it I tried it once it if u can open it try
A month after that (11/03/2012) I sent him an e-mail in regards to a possible refund. we'd had a conversation through text after the e-mail about it not working, and he told me he would get the money back for me. suddenly, the person I'm texting tells me that it's not that person's number anymore, this is his friend, and that he changed phones. I asked for the new number. no reply.
So, I'm stuck here. I was told I was getting a functional PS3, was not informed of it being sold as is, was promised a refund, and here I am, 7/28/2013, STILL without my money. Is there ANYTHING I can do about this? and if so, will it cost me even more money to forcefully get it back? I've sent him another e-mail and am awaiting a response, but honestly, I'm not expecting one. I am not sure what to do now. any advice would be GREATLY appreciated.
well, with what I have given you here, what is that enough to try him for? he acknowledged that he did not tell me it was not working, and continued to try to convince me that it was functional when he sold it to me. is that proof enough? I also have text messages, but I don't have them on me, so I couldn't tell you what all was said.
if this detail helps at all, I live in Las Vegas, Nevada.
4 Answers
- ?Lv 78 years ago
Your only course of action is to file a petition in small claims court and sue him for the purchase price of the PS3...
You will need his name,address ect and you will have to file the petition in the court in the State in-which he resides...
The cost for a small claims court petition averages between $35-$75 plus an additional fee to have the person served the court summons...
If you win the court case you will be granted a judgment against the person, if the person fails to pay the judgment within a certain time period then you will have to pay an additional fee to go back to court and attempt to have their wages garnished or a lien placed on their property (if they own any) and that doesn't necessarily mean that you will collect it right away...
So the question is whether or not you want to chance spending your money in order to collect the original purchase price there is also the chance that you may lose the case since it has been several months and the craigslist ad is no longer available to prove that the sale was not and AS IS sale.
- Spock (rhp)Lv 78 years ago
you can sue in small claims. you'd likely even win. then you have the fun of trying to collect, which the court will NOT help you with.
learning: always personally TEST anything purchased via craigslist (or similar) -- there are plenty of sharp operators out there who can and do try to pass off malfunctioning goods to the unwary.
Source(s): grampa - Nuff SedLv 78 years ago
If it was not as advertised then you can get your money back by asking, or sue if he refuses, and you need to sue within the locally established time-limit called the "statute of limitations" for either breach of contract or for tortious fraud, depending upon what you can prove.