I purchased a cell phone via craigslist. The phone cannot be connected to my account because it is suspended. Can I file small claims against seller

Hi, I''m a Maryland resident who bought a phone off a craigslist seller from VA that has a bad ESN, verizon said it was likely due to non-payment. Money was exchanged in VA. I explicitly stated in email to the seller I was interested in purchasing the phone as long as it was in fine working condition and there would be no issues for me to connect it to my acct. Seller''s reply was no problems, he didn''t see why ther would be a problem connecting it since it was previously bought new and connected to same carrier, Verizon. I now realize I should have met him at Verizon and not paid him first, my mistake, I did not know about bad ESNs,lesson learned. I immediately emailed seller the info and I offered to wait for him to clear ESN, or I want my money back and I''ll return the bricked phone. 3 emails later no reply. I believe I know his phone/address/employer/name. I''m not willing to call it a loss. In your opinion would small claims be appropriate? Any advice is appreciated. Thanks