Legal Question in Business Law in Washington

my business is being threated with a frivolous lawsuit

I have a small boutique. A new gal in our small town approached me with some christmas retail items she bought at a deep discount elsewhere last year (2007)and had tried selling on an auction site...unsuccessfully. She wanted to know if I would try to sell them on consignment in my shop. I said I would try and had her bring a listing of the items and the amount she would want to recieve when sold. We had no written agreement. This was right before x-mas. We had terrible snow storms and no business. We are now closing this store but we have other unrelated stores. We did not sell any of her items. She is now claiming I owe her $129 for her items and is threatening to sue me thinking I am incorporated. I am not. She is threatening to sue my friends she saw listed on our other stores website thinking they are ''corporate officers'', their not!, they are part of our ''hobby group'' and no where listed as owners in anyway. I just want her pick up her items and leave me alone. Should I be concerned, I tried to talk reason to her but she's not being reasonable. I was just trying to help her out, we had NO contract or a verbal agreement that I would pay her out right for the items.


Asked on 1/09/09, 12:53 am

1 Answer from Attorneys
Susan Beecher Susan L. Beecher, Atty at Law

Re: my business is being threated with a frivolous lawsuit

She's going to sue for $129? Is she aware that cost to file a suit is $200 (fee to the court)?

The thought also crosses my mind that, if you have no written agreement of any kind, how does she intend to prove that she ever left items with you at all?

I would suggest that you send her a letter by regular mail AND by certified mail, return receipt requested, indicating that the items she left to sell on consignment have not sold, and that you have them in storage for her to pick up.

If she contacts you to arrange pickup, follow through. Otherwise, there is really no further action for you to take at this time. If she follows through with her threats, and brings suit against you and/or members of the hobby group, assuming you prevail in court (and I am assuming you would), you can also get attorney's fees from her under RCW 4.84.250 and RCW 4.84.270, since the amount in controversy is under $10,000.

Good luck! You sound like your business is facing enough challenges without this.

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Answered on 1/10/09, 3:47 pm


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