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I purchased an item online. The item was $1570 and gave a…

I purchased an item...

I purchased an item online. The item was $1570 and gave a quick description of product. Also said "ships in 8-10 days" , that was all. On the website it did not list return or refund information, no address listed of company, and owner had me pay via cash app on my phone, no receipt given. Item was not delivered to me, I was asked to meet someone in the parking lot for item after constantly asking if it was coming or being shipped. I met someone in a gas station parking lot to pick up item, this was 17 days after original purchase date. I flew out of town for work that weekend, wore item but item looked nothing like the photo (it was a hair piece/wig). I work on camera, was photographed in piece, and it was awful! When I flew home, I contacted owner and complained about how the piece looked and how it was nothing like the photo. He refused a refund then blocked me from all social media and any way of contacting him. I am out money and wondering if I take him to small claims do I have a chance in winning ?

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What state is this in? And just to clarify, when was the purchase made?

California, July 7th 2017

Lawyer's Assistant: Has anything been filed or reported?

I filed with BBB a complaint

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Answered in 5 minutes by:
8/11/2017
Gerald, Esq
Gerald, Esq, Lawyer
Category: Legal
Satisfied Customers: 4,791
Experience: Over 30 years of experience
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Hello,
Thank you for using Just Answer. Please bear with me while I review your question. I will respond fully shortly. Thank you for your patience.

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Hello,

Thank you for your patience and thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow-up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

I hate to be the person to deliver bad news to you, but I fear that pursuing this seller through small claims is going to be disappointing to you. It is not that you do not have a case it is just that you are going to have a difficult time proving your case. You have no receipts and little other evidence of the transaction as you describe it. Also even if you are successful in the suit you will have a difficult time collecting on the judgment. Obtaining the judgment is sometimes the easy part of a suit. Tracking down assets of the defendant and getting a lien placed on them is difficult. These con-artist companies are excellent at hiding their assets so that you can not reach them.

I am sorry that this is not what you want to hear, but I would not want to mislead you into spending more money, time, and energy chasing after what appears to be a lost cause.

I hope the information I provide is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow-up questions, feel free to ask.

If you ask a follow-up question and I do not respond immediately, it is because I am temporarily unavailable. I promise to respond as soon as I return. Please note that I am often unavailable Friday evening through Sunday.

Please do not forget to give me a positive rating. It adds nothing to your costs but helps me greatly. Thank you.

If you are dissatisfied with my response, PLEASE let me know before giving me a negative review so that I may try to be of better assistance. Or, if you prefer, let me know and I can “Opt Out” and your question can be re-posted without additional cost to you. I will be fair to you, and only ask the same from you.

Good luck.

Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

Kind regards,

Gerald

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Customer reply replied 6 months ago
I understand and I appreciate your honest response but hold on while I type out my receipts.

Okay.

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Can you scan them and upload them?

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Customer reply replied 6 months ago
I have screen shots or pictures of our conversations from day one. I also have pictures of his website with what the wig was supposed to look like versus what I got. I have all the photos of me talking to him about when I would be receiving the piece, him telling me 8-10 days, then 11 days, then ignoring me for awhile, then promising me it would come in time. I have photos of him telling me he shipped it, then me asking for a tracking number and him giving me the run around. I have been saving every conversation about this. I also located the salon he works at. His assistant reached out to me and tried to bribe me and give me a new wig in return for a positive rating on his website, but refuses to give me a refund. I have photos of website that Cleary does not state a refund or return policy
Customer reply replied 6 months ago
He told me assistant would meet us in 30 mins and it took her 2 hours to get to us. I have a voicemail from his assistant after we left calling to tell me, "I forgot to have you open and examine the wig before leaving!"
Customer reply replied 6 months ago
I have screen shots of his whole website where you cannot find a return policy, I checked today and he JUST now added one after I complained to him, but I have photos of that too.

Excellent. You do have sufficient evidence to prove that he has defrauded you or breached his agreement with you. There is always an "Implied Warranty of Mertchantibility" for goods sold. So you have that too.

If you do sue he likely will not defend and you will obtain a default judgment. The process will take about 3 to 6 months and cost you about $300.00 dollars +/-. Then you will have to try to enforce the judgment.

Another option is to file a complaint with the State Attorney General. You can do that in addition to the law suit.

I do not want to discourage you from filing the suit, I just fear that you will not be able to collect on the judgment.

On the other hand one never knows for certain.

What state are you in?

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Customer reply replied 6 months ago
im in california

Excellent!

California has an Excellent Self Help legal system. There are even self help centers that will have the forms and people to help you complete the forms. See:

http://www.courts.ca.gov/selfhelp-selfhelpcenters.htm

http://www.courts.ca.gov/selfhelp.htm

Also the Cali Consumer Protection Department is fairly aggressive. See:

https://oag.ca.gov/contact/consumer-complaint-against-business-or-company

Perhaps if you go all out, AG complaint, suit, BBB, social media reviews you may get enough leverage that the company will deal with you

I know you were taken advantage of. So it may be valuable to you to pursue even if you do not get your money back.

Kind regards,

Gerald

(Please do not forget to rate me – click the five stars. It adds nothing additional to your costs, but it helps me greatly. Plus it is good Karma for you. Thank you.)

Gerald, Esq
Gerald, Esq, Lawyer
Category: Legal
Satisfied Customers: 4,791
Experience: Over 30 years of experience
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