Can you sue someone for not sending you what you buy?

UPDATED: Jun 23, 2019

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Can you sue someone for not sending you what you buy?

Through Instagram I bough a pair of AirPods
off of a reseller and he was selling AirPods for
100 I went ahead and bought and I have a
picture of our conversations through text I also
have a screen shot confirming everything
called a safety post. He recently deleted his
account or deactivated it and I can not reach
him anymore what should I do?

Asked on June 23, 2019 under Business Law, Idaho


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You can sue him for one or more of breach of contract (violating the agreement under which you agreed to pay him $100 and he agreed to sell you the AirPods), fraud (lying about what he could or wold do, and/or theft by deception (stealing from you by tricking you). But to sue him:
1) You need his physical address to "serve" the legal papers on him; you can't sue without a physical address.
2) Unless he is located in your country so you can use small claims court, it would not be worth it--to sue him elsewhere, you'd have to sue in "regular" county court, where the cost, complexity, and time exceeds what you'd be suing for. Even in small claims court, it is very marginal, at best, to sue for $100. There is no practical or cost effective way to sue for such a small amount.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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