Thread: Halloween fraud: My story, what should I do.

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So I buy alot of Halloween stuff, I love it. I live in California, so theres always people selling off lots of cool stuff. My thing is to go and buy everything in one big lot.

So I'm on Craigslist and I see an ad, it sounds really promising. So on Sat Oct 1st, I had a plan to go to 2 Halloween yard sales. The first one had ALOT of good stuff, I made a pile...SPIRIT BALL, Bleeding head, Gemmy stuff, etc. The woman also had two animatronics...The Edwardiam Butler, and Doctor Shivers. I made a deal that I would pay $70.00 for the Butler, $85.00 for SHIVERS. I made another pile. We AGREED on $305.00 for everything...yes I'm a shrewd negotiator. She was hesitant but she said.."ok, take it".

So I had another sale to go to so I paid her half of the money and had her sign a papersaying I paid her half. The other sale was a bust, I missed out on everything, so I headed back. I loaded everything in my car INCLUDING the SHIVERS, but couldnt see out the window. I gave it to her and asked if I could pick it up the next day. She said yes but I had to call her first, she gave me a number. I PAID IN FULL the other $150.00 and took everything but Doctor Shivers. I had to work or I wouldve gone back that day.

So the next day I call and get a computer voice mail, I leave a message and text but no reply. I drove over the next day and I remember her telling me that it wasnt her house, it was her friends house and he was out of town. No one was there the Halloween stuff was gone. So I put a note on the door. She never returned my calls or texts.

A day later I'm on Craigslist and see...DOCTOR SHIVERS for sale $150.00. Could this be my SHIVERS? I look up the number and low and behold its THE SAME WOMAN. I call the number, and its voice mail of course, asking what does she think shes doing....of course theres no reply. I send her an email via CRAIGSLIST and no reply. Shes selling my item. So I flag it and call the police, of course they say its a "grey area" and that its a civil matter. So I'm calling my lawyer on monday.

The only thing I have NOT in my favor, is I didnt have her sign the 2nd half of the contract, I figured I didnt have everything yet, so why have her sign it. I also didnt think it would come to this. Just out of chance, this was the first time I ever wrote up a contract at a yard sale. This is a 53 year old woman. I even told her some of her stuff was worth more than what she was charging. I had SHIVERS in my car, but it wasnt safe, I couldnt see. Do I have a case? What would you do. I have the address but not her address, I assume I can figure it out since I have her phone number. Will a judge rule in my favor? Any lawyers out there. Please help, tell me what you'd do.

That is... well, I can't say what I think of someone like that on a family board, but I'm angry for you.

It's unfortunately your word against hers. I'd say that it's a 50/50 chance that they'll believe you or her. (not a lawyer, so just my opinion)

If you do have a lawyer, then I'd see what they think your chances are for winning if you took her to small claims court or filed civil charges for fraud and theft on her. You'd have to find her first, but you have a phone number.

I'd try having a friend call her (female if at all possible and have friend act really happy and eager to pay the cost) and offer her the money for the prop, and then when you get a meeting arranged, go with friend and confront the woman in person. You need to be calm and not get threatening, but get her car license and any other info about her you can if she refuses to give you the prop, and make sure you tell her (CALMLY) that if she refuses to give you either the prop or your money back that you paid for that prop that you will be filing charges for fraud and theft (it's got to be some sort of theft for taking your money and not giving you the item you paid for).

It sounds like she realized from what you were telling her that she could get lots more money out of the prop and is just going to ignore you since you "abandoned" the prop (NEVER trust someone to hold an item unless you get it in writing that you paid in full and have something to back you up if you're garage-saling Sad, but true that many people will take advantage in cash transactions ), so if you at least get the money back from her, then you wouldn't be totally taken advantage of.

If you made a verbal contract that would be suffecient and did you get a reciept?
Call the police aswell they can track her number and print out her cl ad.
Take her to court and represent yourself lawyer fees are outrageous so is the retainer. I am sorry for what happened to you. I stay off of cl to many scammers, I recently lost $1,800 from a seller on cl w/ a jet ski purchase so I feel your pain.

I have a piece of paper that said I'd pay her $155.00 then and the other $150.00 after I picked up everything. I got her to sign the first half for the $155.00, but when I came back and took everythign and PAID her the other $150.00 I didnt have her sign it. I figured I got everything but one item and that I could come back the next day. Do judges ever favor people when its probablly basically my word against hers? She signed the first half of the make-shift contract.

I have lawyer insurance through my work, so it wont cost me anything to consult with one.

That's horrible, dude. Can you meet her and then just take the prop? hah!

I truly loathe people like that Sorry, Sarcazmo. I hope that you end up getting the prop and something extra for mental distress

I think I would have a friend call and say they want to buy it, and arrange to meet and then after they arrive with the prop you can show up and explain you are taking it home since you paid for it.

There are sevrel things you can do to help back your case. Contact craigslist about the fraud and file a claim.Maybe she has frauded someone before. When you go to court take your contract,the craigslist add (if it has the discribed iteam,any e-mails betweeen the the two of you and any text and phone recoreds to show you tried getting ahold of her. Next, I would go back to the place the yard sale was held and make sure that it was actully someones home. For all we know, it could of been an empty place that she staged her sale at. If it's true it's a friends house and they were out of town, you should still go back and try and get some information from them about the person.You can call information service or try google searching her number. I'd say try the phone book but most days these people use cell phones.

Keep us updated. Sorry this happend to you.

Judges love everything written down...a complete timeline and everything that was said to the best of your recollection. It really helps to prove you are telling the truth if you go to all that trouble.