If I got a new phone and I tried to active it but it does to active lock what do I do?

If you purchased what you believe to be a new phone and it is Activation Locked, then return it for a refund. It is not a new phone. A phone cannot be Activation Locked unless it has been activated in the past.

Return and request your money be returned. If they hesitate about returning your money suggest that the sale was fraudulent as it was not new.