Legal Question in Consumer Law in California

Fraud, incomplete sale and service

I purchased a TV and home theater package from a friend of a friend's

company. After much of the installation was done, I discovered that I was

given cheaper, lesser versions of the items I paid for and were listed on the

invoice. They were caught red-handed and did refund and replace, but in this

process, I found out the new television and center speakers weren't new. They

claimed they were only a week old, so I said I would consider living with that

if they produced an invoice proving that. At this point, they halted the

installation process and refuse to prove the age of the TV or to complete the

work. I since heard from my original friend that this has happened before,

that they make a habbit of it, and could probably provide names. My

question, is there actually a criminal violation here for fraud? Also, I just

realized they don't include their address anywhere, so how could I find that if

I need to serve them notice for small claim's?


Asked on 11/18/05, 6:15 pm

1 Answer from Attorneys

H.M. Torrey The Law Offices of H.M. Torrey

Re: Fraud, incomplete sale and service

Fraud is an element of a crime or tort. You should be successful in your small claims action, from the facts given. However, locating a business of this "type" often can be "tricky". If you nor your friend know of their physical or mailing location, you may have to check various internic or secretary of state searc engines for them. You may want to expedite matters by retaining and attorney or private investigator to help you efficiently.

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Answered on 11/18/05, 6:46 pm


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