DaveO Loc: Northeast CT

More facts are needed. The buyer had to approve and accept the order and undoubtedly he missed any return window.

Seems that we have seen several vendor complaints where something is posted and the OP has signed out quite quickly...

GoofyNewfie Loc: Kansas City

Absolutely!

jimpitt: where did you purchase this kit so we know which store to avoid?

kb6kgx Loc: Simi Valley, CA

Yes, most sellers have a specified return period. However, if I recall correctly from my “Contracts” class, if fraud can be proven, that limit does not apply. It could be five years later, and if you could prove that the seller intentionally defrauded you, you could still recover.

kb6kgx Loc: Simi Valley, CA

Willing to bet that it was NOT either of the “ABC” stores.

DaveO Loc: Northeast CT

jimpitt

To Goofy/Newfie:
The store was not a big box (home dep) or a discount (target). It was a "professional" camera store in SE Wisconsin. Until/ while I negotiate an adjustment which I have decided to do, I am not willing to say where.

kb6kgx Loc: Simi Valley, CA

I believe the question of which store was probably questioning whether it was one of the popular “mail-order” sellers such as Adorama, B&H, Cameta, etc. They tend to be very honest and reliable. Your local camera shop? Sometimes not so much. You takes your chances.

rgrenaderphoto Loc: Hollywood, CA

Unless you can drive to the vendor locally, a small claims judgement against an internet based vendor is a waste of time. They will not send a representative, you will get a default judgement and then what? Sorry to say, it is a fact of life in our current world.

A better tactic would be to immediately contact your credit card vendor and file a dispute. You have a better chance of having the charge reversed and keeping the product if you go this route. The problem is the statement "a few months ago." There may be a limit in how long you can claim fraud if you have been using the merchandise; fair use would apply.

Caveat Emptor as the Romans' would say.

GoofyNewfie Loc: Kansas City

I understand.
Good luck with the negotiations!
As demonstrated here, we all think you got shorted.

kb6kgx Loc: Simi Valley, CA

That is the problem with small claims judgements, or judgments in general. The court will only grant you the judgement. Congratulations, you won. The court will not enforce the judgement. YOU have to figure out how you’ll collect. The defendant in such a case can refuse to pay, can declare bankruptcy, can do nothing at all and YOU have to go after them.

As said earlier, pretty sure that there is no time limit in cases of fraud, however, there might be a problem if you’d been using the product and enjoying its benefits.

bpulv Loc: Buena Park, CA

It might be possible to convince a judge that there was intent to defraud. The lens sold had $370 less value than the lens advertised. The seller had the option of ordering the f2.8 lens from nikon for the customer if he was really out of stock. Therefore, he could have honored his advertisment. Instead, he sold him a lens that increased the profit to the seller and reduced the value to the buyer.

I would subpoena all sales records for cameras of that model sold with both lens models during the sale period. If the majority were with the cheaper lens, that would be a smoking gun and evidence of bait and switch; i.e. fraud. You can file a subpoena when you file your small claim court complaint.

DaveO Loc: Northeast CT

Hopefully there is a Nikon USA warranty for the order.

bpulv Loc: Buena Park, CA

Once you have the court's judgement and the defendant has refused to pay, you subpoena the defendant to a settlement hearing. When you come to the hearing, bring pre-filled out copies of the document that the court requires for impounding or placing a lien on property. If the defended is a corporation, place a lien on the corporation's assets. When I took a business law course the professor/lawyer that taught us said he had a case where a client had a $1,200 judgement against a business. When they did not pay, he had the court padlock and seize the company's building, had the building sold at auction, recovered the $1,200 and returned the sales price difference less substantial legal and miscellaneous fees to the defendant.

If the defendant is an individual, you follow a similar process. When he arrives at the hearing, he is sworn in. At that point, you ask him to empty his pockets and confiscate any cash up to the judgement amount. You complete one of the impound forms indicating that you are impounding the cash toward the judgement. If there is insufficient cash, ask him how he got to the hearing. If he came in his own car, you complete the next copy indicating that you are placing a lien on his car and have it impounded if he does not pay. If you go to your local law library, will probably find someone who will explain the process in your state to you. If the judgement is not satisfied at the first hearing, you can have him summoned him to a meeting every month until the judgement is satisfied.

DaveO Loc: Northeast CT

LOL!

Mac Loc: Pittsburgh, Philadelphia now Hernando Co. Fl.

What was the store? Was it a "really good" price?