I tried to purchase a camera online and got scammed. Can I go to small claims?

Asked about 2 years ago - Oviedo, FL

I'm from Bozeman, MT and I tried to purchase a camera from someone in Oviedo, FL. The deal was that we would do a camera trade plus I would give her $400 extra. I shipped my camera and paid her but when the camera got there it wasn't in the package. I opened up a UPS claim but it wouldn't get done in time for me to go on my vacation. So I offered to pay her an additional $450 if she would ship it. Since I paid her that I haven't heard back from her. I have documented transactions through Amazon and an email record a mile long. Is there anything I can do?

Attorney answers (1)

  1. Eric J Trabin

    Contributor Level 19

    Answered . You certainly can go to small claims court since this is a contract dispute less than $5,000. However, you may wish to consider whether it is worth it for you. You would have to pay the filing fee for the suit, for having notice of the case served upon the other party, and for traveling from Montana to Florida for the pretrial/mediation and the trial itself. While you can always seek those fees to be included in any judgment, therefore requiring the other party to reimburse you for those costs, you would have to pay for them upfront. Even if you win, you would have a civil judgment which can be extremely difficult to collect.

    Nonetheless, this sounds like a classic contract dispute and you have documentation to support your allegations.

    This is not to be considered legal advice nor does an attorney-client relationship exist.

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