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[ailwyn]

I got a video game as a gift and never opened it. Put it on Craigslist and got a response for 40 bucks. Gave it to the guy after meeting him in public and the game was still in the wrapper. After I pulled off and was leaving he sped up behind me and forced me to stop in the middle of the street claiming there was no game in the case. Because it was never opened, it's safe to assume the game was in the case and he might have hid it somewhere in his car. I've never bought a game and found nothing in side. Anyway, I sped around him trying to get away and he tailgated me until a random officer pulled onto the street and stopped us both. I explained the situation and the buyer expressed interest in bringing me to small claims court, over his 40$ purchase. I think he is trying to rip me off and he never asked if I return the money, then we'll avoid the whole thing. The cop took our information and we exchanged info as well. So my questions are, with such little evidence, what is the likelihood of me loosing? I even have the receipt from the game. He has the case and the wrapper, no telling what he did with the disc. How much does small claims court cost in the state of California and what should I do if he follows through? How can I present the case the best way possible and what are the odds of me loosing the case?

[ricki]

This is one of those cases where you and he will tell your story, and the judge will decide which one of you to believe.

It could go either way.

- Stuart

[emmanuil54]

He would not have done that unless the case was empty. The judge is likely to believe that he did not get what he paid for, the disk. He did not buy the case, he bought a video game and he will get the $40 plus court costs.

[cumhea]

He would not have done that unless the case was empty. The judge is likely to believe that he did not get what he paid for, the disk. He did not buy the case, he bought a video game and he will get the $40 plus court costs.

It's going to be he said, she said.

Your receipt might help you but the question is what proof do you have that you handed over a wrapped, new, unopened package?

[leonie36]

Sorry, No more than 5 questions per question.