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-   -   Don't know if this is civil or criminal (https://www.askmehelpdesk.com/showthread.php?t=293971)

  • Dec 19, 2008, 03:29 PM
    ethansmommy
    Don't know if this is civil or criminal
    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.
  • Dec 19, 2008, 03:33 PM
    N0help4u

    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...
  • Dec 19, 2008, 03:35 PM
    JudyKayTee
    Quote:

    Originally Posted by ethansmommy View Post
    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.
  • Dec 19, 2008, 03:38 PM
    N0help4u

    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.
  • Dec 19, 2008, 03:49 PM
    ethansmommy
    It simply said "diamond" not natural or genuine or anything like that it is apparently a "man made diamond"
  • Dec 19, 2008, 03:50 PM
    JudyKayTee
    Quote:

    Originally Posted by ethansmommy View Post
    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 ?
  • Dec 19, 2008, 03:50 PM
    N0help4u

    Then I doubt she could begin to win any lawsuit since it left it open to interpretation.
  • Dec 19, 2008, 03:52 PM
    ethansmommy

    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
  • Dec 19, 2008, 03:54 PM
    JudyKayTee
    Quote:

    Originally Posted by ethansmommy View Post
    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!
  • Dec 19, 2008, 03:56 PM
    ethansmommy

    For my friend or the one who sold the ring?
  • Dec 19, 2008, 03:57 PM
    N0help4u

    Your friend!
  • Dec 19, 2008, 03:58 PM
    Fr_Chuck

    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.
  • Dec 19, 2008, 04:00 PM
    N0help4u

    But how can she win with no receipt, no proof and nothing saying it was genuine?
  • Dec 19, 2008, 04:02 PM
    ethansmommy

    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
  • Dec 19, 2008, 04:10 PM
    N0help4u

    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
    Incredibly, this woman actually managed to sell her nibbled 10 year old sandwich for $28,000!
  • Dec 19, 2008, 04:15 PM
    ethansmommy

    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.
  • Dec 19, 2008, 04:17 PM
    JudyKayTee
    Quote:

    Originally Posted by ethansmommy View Post
    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.
  • Dec 19, 2008, 04:54 PM
    twinkiedooter

    Just for giggles - how much did your friend pay for the ring?
  • Dec 20, 2008, 12:33 AM
    ethansmommy

    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.
  • Dec 20, 2008, 06:28 AM
    twinkiedooter

    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?

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