I consigned a valuable painting with an appraiser/art dealer in September 2011. I have not received the amount due upon sale nor has the painting been returned. My efforts to contact this dealer were ignored for a long time. Three weeks ago I received an email promising payment within days. There was nothing after then and the email address I was given was cancelled. Do I file a police report for this type of theft?
4 Answers from Attorneys
You can, but this sounds more like a civil law suit to me.
I agree. Start with formal demands then sue
It's not a theft if you chose to entrust the painting to the consigner. If he intended at the time to cheat you, then it might qualify as another type of crime. But if he has merely failed to live up to his agreement then this is a civil matter and not a criminal one.
You need to sue. Depending upon the value you may want to sue in small claims. I suggest you call an attorney to discuss this.
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