A big chain pawn shop, superpawn in Las vegas sold my dad a Vertu phone with guarantee that it is real since my dad will bring the phone to Vietnam in December, 2012. My dad then found out last week that it is fake. If I file a claim, what are my chances? The phone was 800 dollars, I live in California, so do I have to file a claim in Vegas? If I do and the phone is proven to be fake, can they charge the business for the travel fee?
2 Answers from Attorneys
You don't have standing to sue. Only your father can do that, unless he assigns his rights to you. He would have to sue in Las Vegas unless there are some very unusual facts you haven't mentioned. So would you if you're his assignee, and you would not be entitled to a "travel fee" even if you win. But before anybody sues your father should demand a refund. There might be no need to go to court at all.
Mr. Hoffman is correct that you may have an issue regarding standing that could be cured by an assignment. Notwithstanding, based on the amount of damages, the claim you have described would have to be brought before a Nevada small claims court. For more information about the process, Nevada Legal Services offers free classes. The classes are on Fridays, 1:30 - 3:30 p.m. - April 26, May 3, 10, 17, 31, 2013 at Nevada Legal Services, 530 South Sixth Street, Las Vegas, Nevada 89101.
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