Legal Question in Consumer Law in New York

Non payment for sold items

My relative ''sold'' a diamond to a gem dealer 9 months ago. They settled on a price, he provided a receipt to take the diamond and said upon sale he would give the money. He claimed the diamond was sold 8 months ago and provides excuse after excuse for not paying. Turns out his phone number is a cell number, and the address is false. He still answers the phone and gives excuses but we cannot get him to pay or return the diamond. What can we do and what can we do without a proper address?


Asked on 10/25/07, 10:21 pm

1 Answer from Attorneys
Michael Markowitz Michael A. Markowitz, PC

Re: Non payment for sold items

Just had a trial yesterday with similar facts.

The diamond was delivered on consignment. In other words, payment upon sale. No sale, return diamond.

You can commence an action seeking specific performance (return of the diamond) or in the alternative, money judgment. You may even be able to get an order of seizure to hold the diamond pending litigation. Although, if the diamond is not available, the order is worthless.

Finally, you may contact the District Attorney; although, it has been my experience that the agency will state that this is a civil matter.

Mike.

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Answered on 10/26/07, 7:52 am


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