small claims, would you sue?

[gogreengowhite]

My BIL bought an iPad for my sister from a co-worker. During the price negotiations the co-worker was referring to it as a "32GB 2nd generation iPad". Which when you look on ebay, google, etc is an iPad2.

He agrees to a price for a 2nd generation iPad and otterbox case. The case is also for an iPad2. The case is on the iPad when they exchange money/product.

Fast forward to Christmas, my sister and I are trying to figure out how to take a picture with the iPad, but can't find the camera app. We take the case off the iPad and realize it's not an iPad2, it's an original iPad..that my BIL paid an iPad2 price for.

My BIL went back to the co-worker and asked to discuss the purchase. The c-w got super confrontational and is now saying he will take back the iPad and case for $300, when they paid $370.

My sister wants to take him to small claims for the full amount.

What do you think? Would you suck it up and lose $70, pay the $25 for small claims to make a point, keep it when you know you paid way too much for it.

[stephm0188]

Does he have anything in writing? And the judge will likely ask why he didn't take the case off and check before he paid and left with it.

I'd either sell it on eBay or take the $75 loss.

[gogreengowhite]

Dec 28, 2012 20:15:55 GMT -5 stephm0188 said:

Does he have anything in writing? And the judge will likely ask why he didn't take the case off and check before he paid and left with it.

I'd either sell it on eBay or take the $75 loss.

Yes, the discussions were in email, along with the follow-up.

I told her to just take the loss and be done with it. She wants an iPad2, so just return it to him and take the $300 and buy what she actually wants.

But, part of me still thinks this guy is a dick and needs to 'learn a lesson'. hmmm...

[pugz]

hmm with written documentation small claims isn't a terrible idea, what would the ramifications be at work though?

[otowngirl]

I think the filing fee and whatever time she'd have to take off work would > $75.

[UMaineTeach]

not to mention the time I took someone to small claims I won, but they skipped court, so I was SOL collecting the judgement.

[gogreengowhite]

Dec 28, 2012 20:28:26 GMT -5 pugz said:

hmm with written documentation small claims isn't a terrible idea, what would the ramifications be at work though?

That's what I'm worried about for them. I don't want this to get out and for him to be the problem employee.

[pugz]

yeah if it weren't a co-worker I'd say go to small claims. I'd counter with $350

[gogreengowhite]

Dec 28, 2012 20:38:28 GMT -5 pugz said:

yeah if it weren't a co-worker I'd say go to small claims. I'd counter with $350

I told her to take the $300 and only return the iPad. The case is actually going for $70 on ebay. But, I'm a bitch like that.

[Deleted]

I don't get why the guy won't offer the whole price back - they paid for something they didn't get and he misrepresented it.

[GailGoldie]

Dec 28, 2012 20:42:33 GMT -5 gogreengowhite said:

Dec 28, 2012 20:38:28 GMT -5 pugz said:

yeah if it weren't a co-worker I'd say go to small claims. I'd counter with $350

I told her to take the $300 and only return the iPad. The case is actually going for $70 on ebay. But, I'm a bitch like that.

I think that is EXACTLY what i'd do! fuck him - unbelievable!

[dr.girlfriend]

Take what she can get. Even if you take someone to small claims court and win, you can't make them pay. My wedding florists still owes me 1.5k.

[isabel]

Small claims court is a huge pain in the ass for an amount this small. I wouldn't even consider it. Figure out a way to deal with the coworker and get as much back as possible. Now they know to be more careful when doing transactions like this.

[shopmore]

Dec 28, 2012 20:42:33 GMT -5 gogreengowhite said:

Dec 28, 2012 20:38:28 GMT -5 pugz said:

yeah if it weren't a co-worker I'd say go to small claims. I'd counter with $350

I told her to take the $300 and only return the iPad. The case is actually going for $70 on ebay. But, I'm a bitch like that.

The only problem I could see with selling the case would be that it is for the first generation iPad and may not be worth $70. Don't know for sure though, I'm just guessing.

[chessie]

Dec 28, 2012 20:29:55 GMT -5 otowngirl said:

I think the filing fee and whatever time she'd have to take off work would > $75.

This pretty much. Use it as a lesson learned, dont do this again, sorta thing.

[stumpy]

I would ask for the full amount again and say that the item isn't as listed. If they don't give give the full amount, threaten small claims court.
I am guessing this coworker may not have the money? So you might be screwed by doing this. $300 is better than nothing . . . but I would be pissed.

[Deleted]

BIL did nothing wrong. A sale was discussed. He has the terms of that sale in writing. The seller lied about the item in question. I would a least threaten to sue. Why should the seller get to keep $70 for being a lying liar who lies?

[Deleted]

I'd take the $300, give him back the ipad, warn other coworkers about what he did and hopefully learn this is why if you're going to buy used technology purchase it directly from Apple and get the warranty and exactly what you're paying for.

[pugz]

yeah I bet he doesn't have the money

[limey]

Dec 28, 2012 20:49:07 GMT -5 GailGoldie said:

Dec 28, 2012 20:42:33 GMT -5 gogreengowhite said:

I told her to take the $300 and only return the iPad. The case is actually going for $70 on ebay. But, I'm a bitch like that.

I think that is EXACTLY what i'd do! fuck him - unbelievable!

+1

Also, since this is a hypothetical for me, I'd find a way to let the other people we work with know what an unethical, cheating bastard he is. This would be the most expensive 75$ this mofo had ever earned.

[thatgirl]

Dec 28, 2012 20:42:33 GMT -5 gogreengowhite said:

Dec 28, 2012 20:38:28 GMT -5 pugz said:

yeah if it weren't a co-worker I'd say go to small claims. I'd counter with $350

I told her to take the $300 and only return the iPad. The case is actually going for $70 on ebay. But, I'm a bitch like that.

This. I am also a bitch.

[WOT?*]

Dec 29, 2012 15:50:31 GMT -5 limey said:

Dec 28, 2012 20:49:07 GMT -5 GailGoldie said:

I think that is EXACTLY what i'd do! fuck him - unbelievable!

+1

Also, since this is a hypothetical for me, I'd find a way to let the other people we work with know what an unethical, cheating bastard he is. This would be the most expensive 75$ this mofo had ever earned.

This is where I am. We had a co-worker who was shady as all get-out and when word got out (not that she tried to hide her dishonesty; she was rather proud of it) we made it as uncomfortable as we could for her. (She bought clothes for work with the "free financing on our credit cards" deals and then wouldn't pay, tried to get a co-worker to lie for financing by saying she'd worked at the firm longer than one month, bought a piano from a co-worker and then put a stop-payment on the check as well as a stop-pay on the check for the piano-movers since "they dented a wall" and so forth. After she was fired from our firm, she stole checks from the next place she worked for from the office manager as well as the firm. She was working for a federal judge when it was discovered and the firm eventually dropped the charges since "it wasn't worth the cost of prosecuting" and she continued working for the judge; we all think she was sleeping with him since she'd slept with her prior employer and had a kid with him as well as a kid with a well-off former client. She must have had a golden cooter because she wasn't trophy-wife material.)