Legal Question in Business Law in California

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?


Asked on 6/02/02, 11:01 am

2 Answers from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Antique consignment ripoff

Looks to me as though "yes" is an appropriate answer to each of the several questions you asked.

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Answered on 6/02/02, 4:14 pm
Douglas A. Crowder Crowder Law Center

Re: Antique consignment ripoff

You have several questions here.

1. There's no problem with filing a civil suit and starting criminal investigation simultaneously.

2. Going to small claims court twice isn't a good idea. After the first judgment, any further suits would be barred by "res judicada" meaning that it had already been litigated.

3. Yes, you can represent yourself. You can probably find an attorney who will help you with the paperwork and give you pointers on what to say when you go to court, and charge you a lot less than for handling the case himself/herself.

4. Yes, name his wife too.

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Answered on 6/02/02, 4:15 pm


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