California | Business Law
Legal Question
Antique consignment ripoff
Two years ago we consigned antiques with a dealer. We got money in the beginning, then it lagged. Finally we asked for our remaining items back-- he returned things that were not ours, and few that were. The outstanding value to us is about $15,000. We have sent a demand letter for the remaining items. No response. (We're sure he's sold the items.) We want to file a lawsuit and initiate a criminal investigation. The local police bunco division is interested given the amount of money involved. Should we do this simultaneously? Also-- since about half of the items were mine and half were my husband's, could we go to small claims court separately ($5000 limit here)and try to get 2 judgements? If not, could we represent ourselves in a civil lawsuit? It seems to us that the lawyer's fees would not make it worthwhile unless we represent ourselves. There's no question that he had possession of our items (receipts, photos, etc) and that there was a business relationship, that he paid us for certain items, and has not returned the remaining items. Since his wife is in business with him and one check to us was from her business, can we name her as well?
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