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

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year 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.


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