Question:

Can you take legal action against someone who sold you a fake item?

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I purchased a Louis Vuitton bag from Craigslist and the seller said it was 100% authentic and that she bought it from Saks herself. When I got the bag I immediately had some doubts about it and contacted her and she still stuck to her story. I then took it too a Louis Vuitton store and they said is was fake and I emailed her to tell her what they said and then she admitted she bought it off ebay and then she sold it to me. I asked from my money back but she said she had already spent it and wouldn't give it back to me. I did pay through paypal and I filed a dispute but she doesn't have a paypal account anymore. I do live in New York state and I know they have strict laws against this so what legal action can I take and how do I go about doing it?

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6 ANSWERS


  1. If she represented the bag as authentic, knowing that it was not, she may have committed fraud.  Paypal should protect you, since it was not as she described.  However, you may be able to pursue criminal charges, or even sue her in civil Court, but it may not be worth your time or money.  Depending on how much you spent, would determine what steps I would take next.  Under $100, I think I would chalk this up as a learning experience, and  hope that paypal comes through with their buyers protection.


  2. Same thing happened to my sister, paypal could not reverse the charges because there wasen't enough money in their acct.  They told her it would be reversed when funds were available.  This is one of the downfalls of buying on the internet.  Buyer Beware.  

  3. Contact Judge Judy

  4. ok so if you paid less then $5,000 for it take her to small claims court. if more than $5,000 general civil court. its a very easy process. and the courts should have someone to help you with all the paper work. and catalog any discussions you have had with this person. it will help your case.

    best of luck,

                      Ryan


  5. You have two choices. You can continue to demand your money back and make sure she knows you're not going to go away, or you can talk to your local police or assistant district attorney.

    One thing you absolutely must not do is *threaten* to go to the police. You can go to the police, but you cannot threaten to do so.


  6. The same thing happened to me! I bought a Louis Vuitton Speedy 30 from craigslist and paid via paypal.  When I received it, it was a fake! I was soo mad and filed a dispute with paypal since I couldn't get the money back.  Paypal wouldn't do anything since they don't deal with the quality of goods given.  That's the email I got from them.  Anyways, I filed court papers.  She lived about six hours away from me.  After that, I recieved a call from one of the Judge Judy producers and I was on the show last year. So, YES, ABSOLUTELY! The show's info said I bought it from eBay, but I didn't.  It was craigslist.  The court shows love cases like this.  I never even submitted my case to them, they found me.  I also got a call from Judge Joe Brown, but decided on Judge Judy.  Good Luck! You will win if you sue! If you do happen to sue, make sure you get a statement from mypoupette.com and send pictures into them.  It will help.

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