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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Intellectual Property Law
Satisfied Customers: 36753
Experience:  I assist my clients with IP questions that arise in their daily course of doing business.
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I bought what I thought was a real authentic Rolex watch from

Resolved Question:

I bought what I thought was a real authentic Rolex watch from an individual off craigslist and took it to a dealer and they said it was a fake.the man does not want to refund my money.what are my options?
Submitted: 8 months ago.
Category: Intellectual Property Law
Expert:  Dimitry K., Esq. replied 8 months ago.
Thank you for your question. Please permit me to assist you with your concerns.

Just to be clear, he claimed that it was real. How much did you pay for it? I am asking to figure out what courts may potentially be able to assist. Was the sale out of North Carolina or a different state?
Customer: replied 8 months ago.
Yes he did. I paid 4500. The transaction took place in NC.
Expert:  Dimitry K., Esq. replied 8 months ago.
Mike,

One quick question if I may--do you know where he is located or where he lives--can you find him if necessary?
Customer: replied 8 months ago.
I have his cell number and and the emails that were sent though craigslist.and he told me his name(if it is his real name) he has been conversing with me via text message.
Expert:  Dimitry K., Esq. replied 8 months ago.
Mike,

What you are discussing is a situation based on fraud, misrepresentation, and breach of contract. As you were promised a specific product and that was not what you purchased, you can legally pursue the other party for a refund and recourse based on the misrepresentation. The reason I asked about the amount is that this ultimately can be taken to small claims. In North Carolina small claims are capped at $5,000, and this cause of action would qualify. Here is the link to get started:

http://www.nccourts.org/Courts/Trial/SClaims/Default.asp

However you cannot sue someone without knowing who he is or how to find him--one of the conditions is that you have to serve them process. You would need to look up the number and find his real name and address. If you can find such information, then you could file suit and pursue him for the return of the funds. But you have to find him, and that is your ultimate responsibility.

Hope that helps.


Sincerely,

Dimitry, Esq.
Customer: replied 8 months ago.
So if I know his name I can file a claim? With my local police dept. Can I give a description of him and what kind of car he drives.and give them his cell number.
Expert:  Dimitry K., Esq. replied 8 months ago.

Mike,

 

The police will not help as this is not a criminal matter. They will not help you find this person, you would need to search yourself either via the online search engines or by retaining a private investigator. There are online sites that help you do a reverse number lookup, so if he used his own name, you should be able to track him directly. You do not just have to file a claim, you have to serve him, meaning you personally have to give him a copy of the complaint and allow him to appear in court to defend his claim.

 

Good luck.

Customer: replied 8 months ago.
I have already tried the reverse phone lookup and it just tells me the area of the phone.no name though.
Expert:  Dimitry K., Esq. replied 8 months ago.

Mike,

 

Then you may need to resort to a private investigator. While you can try the police, they would likely state that it would be a misuse of process and would not do a search on your behalf. I am genuinely sorry, truly, which is why I tend to suggest that before any significant purchases are made, parties exchange driver license information and addresses so that they could be found in case of concerns.

 

Please be well!

Dimitry K., Esq., Attorney
Satisfied Customers: 36753
Experience: I assist my clients with IP questions that arise in their daily course of doing business.
Dimitry K., Esq. and 2 other Intellectual Property Law Specialists are ready to help you

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