Small Claims Case Against an Online Ticket Seller Who Won't Refund
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Reviewed & verified by A. Jason Velez, Esq.*
Managing Attorney, 1LAW · Last reviewed October 30, 2025
Legal Inquiry
Consumer Legal Issue
Hello! I have gotten myself into a bit of a jam. I paid around $900 to someone who is claiming to be a DJ for Coachella tickets. I know that sounds stupid but his instagram account seemed really legitimate and he also posts a lot of personal content like his children and full name. However, since paying, he has been extremely aggressive and is threatening to "ban me from Coachella." Even now, when I ask for a refund he says that I have to pay him $250 first because it's a global account (among other lies). At this point, I just want my money back and want to know if I have a case in small claims court. There was no contract per se but it's all over text and I have a recording of one of our phone calls where he is basically threatening me to pay. I know his full name and number but not his address. However, I have the address of the person I sent the money to. I am also a young woman who lives alone so I am scared if it is handled in small claims he will try to retaliate. Moreover, I am just wondering if it would be better to just bite the bullet and lose the $900 or risk spending more in a court where I may be putting myself in greater danger. Thanks and let me know if I can provide any more details.
Attorney Answer
Yes — you have a straightforward small claims case for the $900, and the safety concern is something the courts have separate tools to address rather than a reason to write off the money.
California's small claims court hears money claims well above the $900 you paid, so the amount is comfortably within its jurisdiction. You also don't need a formal written contract to sue. Text messages, payment records, and a recording of a threatening call are all evidence a small claims judge can weigh. Based on what you describe — paying for tickets that were never delivered, then being told to pay more before any refund — you have a direct claim to recover what you paid, and the name, phone number, and payment address you already have give you enough to identify and serve him as the defendant.
Separately, taking money on a promise the seller never intended to keep, and then demanding more before returning it, can amount to theft by false pretenses under California's criminal theft statute. That is a matter for law enforcement rather than something you can sue on directly — the money recovery still runs through small claims — but it does mean a police report is a legitimate step rather than an overreaction.
Your safety concern deserves to be addressed head-on rather than worked around. California law lets a person who has been threatened or harassed petition for a restraining order where there has been a credible threat of violence, or a knowing and willful course of conduct that seriously alarms or harasses and serves no legitimate purpose. Threats made to extract further payment fall within that definition. This is a separate filing from small claims and you can pursue it regardless of what you decide about the $900.
What you can do
1. Save everything now — texts, the call recording, payment records, and his public profile and posts — before anything can be deleted.
2. File a police report describing the threats. This creates an official record even if no charges follow immediately.
3. File a small claims case for the $900 using the name and address information you have.
4. If you fear for your safety, ask the court about a civil harassment restraining order. It is a separate filing that addresses the threats directly, which small claims does not.
5. Ask your courthouse self-help center about how service and appearances are handled and what safety accommodations exist, before you decide how to proceed.
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Frequently Asked Questions
Can the same conduct be both a crime and a small claims case in California?
Yes. California's theft statute covers obtaining money from someone by false or fraudulent representation or pretense, which can support a police report. But that criminal statute gives no private right to sue on it. Recovering the money is a separate civil matter, which for smaller amounts is typically handled in small claims court.
Is a written contract required to win a small claims case in California?
No. Small claims courts routinely decide cases on texts, emails, receipts, and testimony without any signed contract, so long as the claimant can show what was agreed to and that the other side didn't follow through.
What counts as "harassment" for a civil restraining order in California?
California law defines it to include unlawful violence, a credible threat of violence, or a knowing and willful course of conduct directed at a specific person that seriously alarms, annoys, or harasses that person and serves no legitimate purpose. Threatening messages sent to pressure someone into paying money can fall within it.
