PDA

View Full Version : Don't know if this is civil or criminal


ethansmommy
Dec 19, 2008, 03:29 PM
A lady I know bought a ring off craigslist. She met the girl in the parking lot of walmart and without getting the ring appraised or anything paid cash for it and left. Now she has found out the ring is fake. She didn't get a receipt or anything. She doesn't even know where the girl lives all she knows is where her husband works. Is this a matter to report to the police, does she need to file a civil suit, or without a receipt is she going to have to chalk it up as an expensive lesson.

N0help4u
Dec 19, 2008, 03:33 PM
An expensive lesson. Not only not having the receipt but unless she got some certificate stating its authenticity or value then it is considered you willingly paid for a piece of junk. Its called making a profit, free market, etc...

JudyKayTee
Dec 19, 2008, 03:35 PM
a lady i know bought a ring off craigslist. she met the girl in the parking lot of walmart and without getting the ring appraised or anything paid cash for it and left. now she has found out the ring is fake. she didn't get a reciept or anything. she doesn't even know where the girl lives all she knows is where her husband works. is this a matter to report to the police, does she need to file a civil suit, or without a receipt is she gonna have to chalk it up as an expensive lesson.


What would she report to the Police? Maybe she can argue she was misled but the whole "parking lot at Walmart" is going to make it sound like a very shady deal, possible stolen goods, something.

I think it's an expensive lesson.

N0help4u
Dec 19, 2008, 03:38 PM
If she has the ad from craigslist stating that it is genuine whatever that may be the only thing that MIGHT save her. It still most likely will be a 'he said she said' thing and she still not win. She can also report them to craigslist and hopefully get her banned.

ethansmommy
Dec 19, 2008, 03:49 PM
It simply said "diamond" not natural or genuine or anything like that it is apparently a "man made diamond"

JudyKayTee
Dec 19, 2008, 03:50 PM
it simply said "diamond" not natural or genuine or anything like that it is apparently a "man made diamond"


So she got ripped off but not lied to - why did your friend decide to meet in a parking lot with no written appraisal, no receipt ?

N0help4u
Dec 19, 2008, 03:50 PM
Then I doubt she could begin to win any lawsuit since it left it open to interpretation.

ethansmommy
Dec 19, 2008, 03:52 PM
Crazy I guess. I would have insisted on meeting at a jewelry store. That's what I tried to tell her expensive lesson but she is blowing up the girls phone <she called her 60-something times last night>, she's called her husband at work, and somehow got her sister's name and called her too <i have no idea how she got that> but the girl is threatening to get her with harassment and stalking because she's called her so many times

JudyKayTee
Dec 19, 2008, 03:54 PM
crazy i guess. i would have insisted on meeting at a jewelry store. that's what i tried to tell her expensive lesson but she is blowing up the girls phone <she called her 60-something times last night>, she's called her husband at work, and somehow got her sister's name and called her too <i have no idea how she got that> but the girl is threatening to get her with harassment and stalking bc she's called her so many times


I see this turning into a nightmare and possible arrest!

ethansmommy
Dec 19, 2008, 03:56 PM
For my friend or the one who sold the ring?

N0help4u
Dec 19, 2008, 03:57 PM
Your friend!

Fr_Chuck
Dec 19, 2008, 03:58 PM
If the add said it was real, and made other promises it could be fraud ( and I doubt the person works where they claim)

So yes it is both criminal and civil.

N0help4u
Dec 19, 2008, 04:00 PM
But how can she win with no receipt, no proof and nothing saying it was genuine?

ethansmommy
Dec 19, 2008, 04:02 PM
My friend talked to the lady's husband at work so he really does work there. The ad only states "center stone and side diamonds." the girl is saying she told my friend the diamonds were unnatural problem is everything was done over the phone. The only emails were pics of the ring. My friend has no receipt nothing in writing specifying the quality or even what she paid for the ring

N0help4u
Dec 19, 2008, 04:10 PM
So I don't see her winning any lawsuit.
If I sold a piece of bread on eBay for a million dollars there would be no fraud just gullible people. And remember that did happen on eBay. Google Image Result for http://mikesplace.freeserverhost.com/Gallimaufry/VirginMaryGrilledCheese/Jesus%20Christ%20Toast%20+%20Virgin%20Mary%20Grill ed%20Cheese%20photo.jpg (http://images.google.com/imgres?imgurl=http://mikesplace.freeserverhost.com/Gallimaufry/VirginMaryGrilledCheese/Jesus%2520Christ%2520Toast%2520%2B%2520Virgin%2520 Mary%2520Grilled%2520Cheese%2520photo.jpg&imgrefurl=http://mikesplace.freeserverhost.com/virgin_mary_grilled_cheese.htm&usg=__dRKfT0wTmPXeB0G4NSHnBTCsoBo=&h=245&w=400&sz=30&hl=en&start=1&um=1&tbnid=5aV1el5UTeaCbM:&tbnh=76&tbnw=124&prev=/images%3Fq%3Debay%2Bgrilled%2Bcheese%2Bwith%2Bchri st%2Bimage%26gbv%3D2%26um%3D1%26hl%3Den%26sa%3DG)
Incredibly, this woman actually managed to sell her nibbled 10 year old sandwich for $28,000!

ethansmommy
Dec 19, 2008, 04:15 PM
Lol omg. Thanks I was hoping my advice was wrong but I can see it was not. Personally I don't see an officer or a lawyer touching this without a receipt. Thanks for all your replies.

JudyKayTee
Dec 19, 2008, 04:17 PM
for my friend or the one who sold the ring?


For your friend - I'll bet the seller can prove harassment before your friend can prove fraud.

twinkiedooter
Dec 19, 2008, 04:54 PM
Just for giggles - how much did your friend pay for the ring?

ethansmommy
Dec 20, 2008, 12:33 AM
I don't know she didn't tell me that. I'm not being mean but she's a bit of a drama queen. Probably not much. In the emails from the girl she is saying she told my friend the diamonds weren't natural and my friend now says the girl did say the center stone wasn't natural but for some reason believed the side stones were.

twinkiedooter
Dec 20, 2008, 06:28 AM
Thanks. I think drama queen did exaggerate too much or "misheard" what she wanted to hear and got mad that she didn't make out like a bandit. Have you told her to back off calling the seller or she could end up in trouble?

ethansmommy
Dec 20, 2008, 01:11 PM
The girl had to change her number. Apparently she has a little baby and another child and she got mad that my friend called until late night and started back early in the morning. She sent my friend an email though that says she paid "costume jewelry price for costume jewelry" so I'm assuming it couldn't have been much she's probably spazzing out over 50 bucks or something.

N0help4u
Dec 20, 2008, 01:16 PM
Costume jewelry can be expensive. Especially if it is Cubic Zirconia
Your friend needs to quit contacting these people. As Judy says a lawsuit on her is more likely to win than her suing them and expecting to win.

JudyKayTee
Dec 20, 2008, 01:17 PM
the girl had to change her number. apparently she has a little baby and another child and she got mad that my friend called til late night and started back early in the morning. she sent my friend an email though that says she paid "costume jewelry price for costume jewelry" so i'm assuming it couldn't have been much she's probably spazzing out over 50 bucks or something.


This only gets better and better! At last something interesting and NEW on the board!

As a side note - I have an acquaintance who is a jeweler. I saw him at an office party yesterday and he was telling tales of people bringing their gold and diamonds (as well as other stones) in to his shop looking to sell them.

He has found that something like 40% are NOT real stones, are NOT real gold. Apparently women have been running around with these enormous engagement rings - and they are CZ. Whole lengthy conversation about, as women, would "we" feel betrayed. You could actually see women looking at their rings and other jewelry, looking at their husbands, looking back.

I said that had better not be the case with me because my husband bought my ring from this same guy!

Not very good food, cheap wine - but fascinating conversation. Too bad I didn't have your number, ethansmommy - you could have told your story about your friend and entertained the crowd! (I really did think of you.)

ethansmommy
Dec 20, 2008, 01:30 PM
I know it probably makes me a bad friend <more of an acquaintance really> but I kind of feel bad for the seller. These are apparently better than czs they are good quality man made diamonds. Mine too better be real my hubby made payments on it the whole first year we were married. My husband is getting a kick out of this as well because she keeps saying "that girl is going to jail"

N0help4u
Dec 20, 2008, 01:35 PM
Really I would feel sorry for the seller too that she is being such a drama queen. Sometimes it isn't about taking sides just because they are your friends, often it only makes sense to take the side of who is in the right.
Let her do what she thinks she has to do, but I would warn her at least once that they can get her for harassment. Some people just won't take your word for something and insist they are in the right.

JudyKayTee
Dec 20, 2008, 01:39 PM
i know it probably makes me a bad friend <more of an aquaintance really> but i kinda feel bad for the seller. these are apparently better than czs they r good quality man made diamonds. mine too better be real my hubby made payments on it the whole first year we were married. my husband is getting a kick out of this as well b/c she keeps saying "that girl is going to jail"


You have to wonder how two drama queens manage to run into each other, don't you? Fate, I guess.

Alty
Dec 20, 2008, 01:43 PM
Wow, I don't have any legal advice but I find this interesting. It's a good case of "buyer beware".

I don't know the law but wouldn't it be like buying a used car "as is" and then afterwards getting it checked only to find that it needs thousands of dollars of repairs? To late once the money has exchanged hands.

She should have done her homework, had the ring checked or asked for a certificate stating that it's authentic, but she doesn't even have a receipt so she's stuck.

As for her comment of "that girl is going to jail" if she keeps up with the harassment, she'll end up behind bars. She's fighting a losing battle and is no longer the victim but the aggressor. If I was the girl who sold her that ring I'd already be calling the cops on your friend.

It would be interesting to know how much she paid for a ring she thought was real. If it is only $50 then she must have known that something wasn't right about the deal, maybe that's why she agreed to meet in the parking lot of Walmart. It sounds like she was hoping to get a great ring for very little money and now the tables have turned. Instead of screwing someone else, she got screwed. Try explaining that to the cops. ;)

ethansmommy
Dec 20, 2008, 07:35 PM
I agree with you alten I think that she didn't meet her at a jeweler because she was scared if she got it appraised the girl wouldn't get "taken" and I know a lot of local jewelers buy used rings and re-set the diamonds in a new ring. Oh well you know what they say you get what you pay for.