Legal Question in Civil Litigation in New York

Re: Delivery of Paid Items from a Private Party

The technical answer is that you could have an action for an unlawful bailment against the holder of the goods. The law imposes a relationship upon a party who knowingly takes possession of goods to which they do not have title. This relationship is called a bailment. The bailor (holder of the goods) becomes the agent for the bailee (owner of the goods). As agent, the bailor must follow the instructions of the master (bailee). This assumes, of course, that there is no claim or lien being exerted by the bailor over the goods.

Thus, when you asked for the goods to be sent (presumably you have asked for them to be sent and you have offered to pay for the shipping), and they were not sent, the bailor breached her fiduciary duty to you.

She has also converted the goods. Conversion is the assertion of ownership over property without holding lawful title to the property. She has also been unlawfully enriched by the amount of the worth of the goods.

So the good news is that you can sue her for breach of bailment, conversion and unlawful enrichment. The bad news is that you would have to do it here in the US. This is where she is, this is where the goods are, and she has no contact with the UK. The practical answer is based upon the worth of the goods. How much are you out of pocket? Enough to retain counsel here and come here for depositions (pre-trial examination under oath) and/or trial? Maybe there is some way of cutting a deal to resolve the problem.

The other issues are whether you have insurance that would cover this loss. If your description is accurate, this is technically a theft. Check with your carrier and see if you need to file a stolen goods report. If you can substantiate your title and the fact that it is in a certain person�s possession, you might consider contacting the local police and asking them if they would take a stolen goods report from you via telephone and what your obligations regarding appearing in the US would be if you did swear out a criminal complaint. I caution you to be very careful about taking any criminal action if you are at all unsure of any of the facts.

Good luck

Brad Rosen