Legal Question in Consumer Law in Washington

was a consignee

For about two years, i had jewelry for consignment at a local antique shop. I wasn't selling much, so decided to take it all back. Well, I just got home and I'm looking at my records, and fourteen pieces, the more expensive pieces, are unaccounted for. I'm just sick to my stomach because I trusted these people and am realizing that I should have never left the store without checking everything out thoroughly. What do I do?


Asked on 10/31/06, 10:53 pm

1 Answer from Attorneys

Elizabeth Powell ELizabeth Powell PS Inc

Re: was a consignee

Well, give them one chance in writing to admit error. Perhaps your other pieces were inadvertently left in a drawer.

You can gather the documentation you have regarding the consignment agreement, and with any luck there will be an inventory of what you took in to consign.

The, you can write to the consigners and point out what you said here. Your use of the phrase inadvertently omitted is very tactful, and probably a good idea.

The sooner you write and mail this the better. You need to send it certified and keep a copy. The letter should discuss what you brought in, any subsequent sales, and identify each piece that's now unaccounted for.

You should consider whether to send a copy to the police department where you are, and to local pawnshops or used jewelry dealers. If you have photos of your pieces, that would probably help.

If the shop owner does not deal with your letter in a reasonable time, you have the option to ask for your property or the reasonable value of your property back. If there is a written contract, that *may* control the terms of what you sue for, or it may not. I don't have it so I cannot advise you on it. Further, this may have been an oral agreement, but oral agreements can be enforceable and what you are describing is a bailment problem. When you leave property with somebody, they have a duty to take care of it and not lose it. If the property is not accounted for, you have a pretty good case that they were negligent, breaching that duty, which caused your loss, and you have been damaged to the tune of the value of the lost property.

A judge may grant you relief - or might not, depending on the case you can present and where.

The claim limit in small claims is $4,000.00; district court is $50,000.00 and superior court is not limited at all. Superior court also has the advantage of being able to provide you with injunctive relief- ordering them to return property, for example.

Best of luck with this. Powell

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Answered on 11/01/06, 12:14 am


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