California  |  Criminal Law

Legal Question

Asked on: 9/15/13, 3:27 am

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?

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Answered on: 9/15/13, 10:36 am by Zadik Shapiro

You can, but this sounds more like a civil law suit to me.


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Law Offices of C. Zadik Shapiro 15 Boardman Pl. San Francisco, CA 94103

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Answered on: 9/15/13, 2:02 pm by Kelvin Green

I agree. Start with formal demands then sue


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The Law Office of Kelvin Green . California Bar #286285, CA ..

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Answered on: 9/15/13, 3:00 pm by Edward Hoffman

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.


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Law Offices of Edward A. Hoffman 11755 Wilshire Boulevard, Suite 1250 Los Angeles, CA 90025

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Answered on: 9/15/13, 5:28 pm by John Laurie

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.

www.gertzandlaurie.com


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Gertz and Laurie 18321 Ventura Boulevard Suite 900 Tarzana, CA 91356

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