Consumer Protection Law
Consumer Protection Law Questions? Ask a Lawyer Now.
Hi! LegalGems here. My goal: To Do My Best To Assist You. Please remember, I can only provide general information,as this is a public forum.
I am sorry to hear of this. Paypal's dispute resolution is not very effective, as you have personally seen, because of the time limits that are placed on the process. You can file a police report for fraud, but realistically, the police won't do much to assist you in this. The police see so many fraud cases (i.e. internet schemes, ID theft, elder financial abuse) that it is my experience that most of the times they won't even file a report; other times they will file a report, give you a copy, and that's the end of it. However, you still have civil options.
Since this is an event, I am assuming the amount at issue is less than $10,000, in which case you can file a breach of contract action with the small claims court. Once the individual is served, you can then proceed with the court hearing - which is usually set within 4-6 weeks of filing the complaint.
Here is the information you need for small claims: http://www.courts.ca.gov/selfhelp-smallclaims.htm
As you will see, the paperwork has been streamlined, so it is rather easy to fill out the necessary forms and serve the defendant. It is a good idea to bring to the hearing any evidence you have in support of your position - in situations such as this, a print out of the order, a copy of a cancelled check or proof of payment, and any email correspondence which will help prove that a breach did occur.
Please let me know if you have any other questions and I will respond as soon as I see it. Thank you!
If I file paperwork for breach and then he has to be served...can I serve him or does it have to be by a certain individual.I have a copy of this persons ID and want to know if I file papers then see him at the event can I place a citizens arrest and hand him to a SF policeman because of this. He falsely sold me tickets to see a band called Phish and I know he will be at the shows coming up in SF on Aug 2,3&4
i have copy of paypal transaction as well as email correspondence and texts
A party to the action is precluded from personally serving the defendant, unfortunately (public policy based on the increased likelihood of an incident, due to the parties' personal involvement). If you have a copy of his ID, the best method would be to have him served at his residence or place of business. The police that will be at the event will likely be focused more on crowd control than on civil issues such as this, so I would think it is unlikely that they would be able to assist you. I know this is frustrating because our tax dollars pay for police services, but I would be very surprised if they would be able to help you. Here's some information on citizen's arrest that you should review - http://www.csudh.edu/dearhabermas/citarr.htm - as you can see, it requires a public offense - which is generally defined as a crime against the public.
Those documents would be very helpful in small claims. Small claim judges particularly enjoy plaintiffs who can substantiate their case with hard evidence, as it makes their job much easier.
well his addy on the ID says staten Island ny but I think his parents are in north carolina and really not sure iif it is still where he lives. I went on a forum called Phantasy tours and when i posted about this guyt scamming others replied that theyhad been scammed or almost scammed and that is where i got a copy of his ID
and he told me paypal acct was shARED with his dad who has same name but really dont know if he was lieing to me but the acct is a verified acct
If this guy is a professional scammer (and it sounds like that may be the case) you may need to hire a private investigator to track him down. And even though Paypal won't help you since the time period is expired, you may want to notify them because if they get enough complaints they will freeze his account- which while that won't help you, it will help others. But in order to sue him, you will need to be able to serve him, so his ID and location is necessary.
I dont think he is a professional scammer just someone who thinks they can get awaywith taking peoples money to fund his trip following the band around the country . He took me for 600 and I am a lil peturbed that legally my recourse isnt that great. I would like to take care of this legally to cause him trouble but what Im hearing is that I shoulod handle this myself in any way that i can and I know you did not say that or condone any actions on my part
i guess i should file paperwork anyway because on Aug 2nd I am going to flier the bill Graham civic with copies of his ID and what he has done so everyone and I mean everyone in there knows what he did
and can I have a friend serve him the paperwork or do i need someone else to\
I found some government agencies that you can file a complaint with. But again, not to discourage you but to let you know based on my experience that there are so many consumer victims out there, these agencies can be overwhelmed and some complaints go unanswered - it really depends on the person assigned to your case. But here are some websites that may provide assistance after you file a complaint with their agencies: http://www.ic3.gov/default.aspx http://www.consumerfraudreporting.org/governments.php http://www.usa.gov/Citizen/Topics/Internet-Fraud.shtml. If you post flyers, it can actually turn the situation around - he can argue defamation, and while truth is generally a defense to such a claim, please remember that lawsuits can be costly (attorney fees, court costs, discovery, etc) so even if the case was eventually dismissed, you could be out of pocket - which would be extremely frustrating because it would add salt to the wound. It's like a burglar suing the homeowner for using excessive force....
Yes, a friend is fine - any competent adult over age 18.
thats what i wanted to know if it could turn against me but i know this kid doesnt have money so not worried about defamation really cause he pardon the language f**ked me so now its my turn to f**k him back.Its either this or someone might get hurt the other way
The problem is that some attorneys will take defamation cases on contingency - so the plaintiff doesn't need money to initiate a lawsuit. It really is unfair, because it will seem as if the law is on the perpetrator's side.
the law is on the perpetrators side is what I am hearing so then i guess this is gonna get ugly for him and I am not involved in this anymore
I want to thank you for the advice and i have not checked any documents you sent me links to butI will and to file paperwork do I go to the county courthouse
The best thing to do in these circumstances is to file with the small claims court and let the judge hear the evidence. Since you have documentation, you will be well prepared. You can then enforce the judgment and collect from the defendant. Also, if you want to get him in hot water with the government, go ahead and try those sites. Hopefully you will get assigned to an officer that wants to see justice done and they will pursue it.
You can do it all online, up until the hearing. Click on the link to small claims and you can print off the documents you need and mail them or bring them to the courthouse.
well i want to make sure I have confirmation of documents to the court so I can have on me. If I get him served then he has to go to court here in california and not in whatever state he is in..is this correct ....I already see this happening and him not making court then what happens I know I will get judgement but then how will i collect
Then you will get a default judgment, which you would need to file (register) in his home state, and then you would collect it (generally a lien on real property; garnishment of wages) in his state. Any costs incurred (i.e. process server, court filing fees) are generally awarded to the plaintiff, in order to "make plaintiff whole" and restore him to the position he would have been in but for the breach.
it really isnt about the money now more principle
Completely understandable; also it will benefit others in the future if this guy is caught.
oh he will be found one way or another.....thank you for the advice I really appreciate it. his scamming days are numbered
You are welcome. I hope you are able to secure other tickets to the concert because I am sure that alone is frustrating - aside from the money issue.
i did secure tickets through people in the industry and I am one of those peeps (i am a union stagehand in the Bay Area)...thanks again
You are welcome. Enjoy the show (and what an awesome job!!). Take care.
thanks you too