Consignment sale fraud??

[Nev375]

It's fraud. I'd take him to court and if I didn't get a satisfactory judgment and payment I'd...

...well lets just not talk about what I'd do at that point. It's very much not nice though.

 

[BAG]

The answer we were all waiting for.....seems like that would have been in initial post....anyway ....hope it all works out!

I've been wondering why it took so long for the OP to state that. Should have been part of the first post.

If you've got a contract OP then take him to court. If you don't then invest some money with a "debt collector".

 

[lfmn16]

My guess is that he's paying past bills with future earnings, COVID happened, he already spent your money and doesn't have new revenue coming in to cover what he owes you. Take him to court. But winning a ruling is different than collecting on that ruling. I wish I had a rosier picture for you.

+1

I've posted it before so I'll make it short. I had a friend that played a gig with a contract and the guy stiffed him so he took him to court. The guy actually showed up and the judge rules in my friend's favor. On the way out of court the guy says, "Screw you, I'm still not paying."

You can't get blood out of a stone. This whole idea that you just take someone to court and magically get your money is just a fantasy. Most of the time if you have to take them to court, you're not going to get it anyway.

 

[Coolhandjjl]

To all those who keep suggesting going to court, it has been mentioned way too many times in this thread: Prevailing in court and actually collecting any money are two entirely different things.

Wouldn’t hurt to show the contract to a debt collector to see if one will buy it.

As far as calling police, they will not get involved in a civil or contract claim like this.

 

[dbsfgyd1]

+1

I've posted it before so I'll make it short. I had a friend that played a gig with a contract and the guy stiffed him so he took him to court. The guy actually showed up and the judge rules in my friend's favor. On the way out of court the guy says, "Screw you, I'm still not paying."

You can't get blood out of a stone. This whole idea that you just take someone to court and magically get your money is just a fantasy. Most of the time if you have to take them to court, you're not going to get it anyway.

Not saying there is enough here for a criminal complaint but this sure seems like theft by deception if I ever heard it. Depending on jurisdiction, this may be considered grant theft. Might be a stronger twist of the arm than a civil suit. Or Maybe Judge Judy can help....

 

[Coolhandjjl]

If you can’t garnish his wages, but you can send the sheriff to seize his inventory.

I have a friend who won a case against a major national retailer for mid 6-figures. When they didn’t pay, he showed up at a local branch with some deputies and started literally pulling brand-new TVs off the shelves in full view of the shoppers.

The manager made a panicked call to HQ and *miraculously* a check appeared.

Funny you mention that. You certainly could hire a private process server and follow up with a Marshal or Sherriff to show up to seize inventory. In rare cases, it works. Sort of a legal shakedown. But you don’t really know who owns his inventory. Sort of like Guitar Center not really owning their Fender inventory as they owe them hundreds of millions of dollars going back over 5 years.

 

[DavC]

i have gone to store where my item was on consignment ... with paperwork in hand ... demand item or payment ...!!

some shops think it's OK to let some idiot take things home to try out ..!! not my stuff ... i waited for an individual to bring item or cash back to the store immediately as i not so patiently waited ..

or ... start loading up stuff of equal value and prepare to walk out ..!

 

[FishDub]

Hi my bretheren TB.

I recenty sold a relatively pricey bass (9k+) through a consignment service. Instead of using say, Ghrun or Norm´s, I decided to go local. My reasoning was that I would get to meet the guy in person, shake hands, tell stories, whatnot.

And sure enough, the guy in charge was absolutely charming, we got along pretty well, even liked the same music! I signed a contract and went home, trusting my bass to this guy.

Fast forward 6 months later. The "charming man" sold my bass for around 6K (did not consult me on the price). Then, communication went south. Its been a month since the last time he answered my messages.

This guy basically took my bass on consignment back in January, sold it on march, and has had absolutely crappy communication ever since.

Should I take him to small claims court? (he sold the bass for 6K so it still appplies) Should I just burn him on Yelp and BBB?

The guy seemed to be a a really nice guy, legit. Thats the reson why i am holding back a little bit, However, his FB account, EBAY, and REVERB accounts all show that the guy is making business, posting items, shipping, etc.

Shoul I go medieval on him? I mean, BBB claim, small claims court? have i given him enough of the benefit of the doubt?

Tnanks on advance!

Sorry if this has been asked but any reason why you didnt list here on TB, reverb or Ebay to avoid all that?

 

[buldog5151bass]

Depending on the small claims limit In your state, you might not want to do that. Consider a consultation with an attorney and filing pro se.

 

[Coolhandjjl]

Depending on the small claims limit In your state, you might not want to do that. Consider a consultation with an attorney and filing pro se.

Most pro se litigants lose.

 

[buldog5151bass]

Most pro se litigants lose.

. This case is fairly simple, and the guy would be unlikely to get an attorney. It would cost more than losing the suit.

 

[Cut the middle]

The guy seemed to be a a really nice guy, legit.

You wouldn't have trusted him if he came off any other way.
The thing is, he does this every day and knows how to schmooz.
Bust him!

 

[shrigg]

he is open for business and active o. Social media.

I work at a high end shotgun shop where we do a ton of consignment sales. We have a timeframe printed right on the agreement specifying when the consignee gets paid. We also have a minimum price that the item must sell for unless approved by the consignee. I imagine you've reread your agreement and it includes neither?

In your situation, I'd make the 2 hour drive and show up unannounced during normal business hours so he can't duck out on you. If he doesn't happen to be there don't leave your name but come back later when he's expected. When you finally see him politely ask to speak in private and have that heart to heart. Ask him if there's a problem. Try to be kind and understanding no matter how fed up you are at this point. As others have said here, there may be a lot more to the story and patience and understanding may help the situation a lot.

 

[elgranluis]

Sorry if this has been asked but any reason why you didnt list here on TB, reverb or Ebay to avoid all that?

I did. It just didn’t sell during the time I had the listing up. Also, I was Starting to get genuinely stressed out from people committing to the purchase over private message, never to hear back from them again.

 

[lfmn16]

You wouldn't have trusted him if he came off any other way.
The thing is, he does this every day and knows how to schmooz.
Bust him!

Yea, rude, sarcastic, condescending con men don't make out as well.

 

[FishDub]

I did. It just didn’t sell during the time I had the listing up. Also, I was Starting to get genuinely stressed out from people committing to the purchase over private message, never to hear back from them again.

I hear ya...I have had that too. People are just downright class-less about responding. Its so much easier to say,"hey man sorry but I have changed my mind."

 

[Cut the middle]

I hear ya...I have had that too. People are just downright class-less about responding. Its so much easier to say,"hey man sorry but I have changed my mind."

Those were the days my friend.

 

[MVE]

Did you get a receipt like contract when you left it with him?

Im sorry to sound harsh, but giving any instrument over about the 4-500 value rage to a ‘mom’n’pop’ consignment shop, that is two hours away from your house without any receipt, contact or minimum sale price sounds like a pretty dumb thing to do.

Again, Im sorry, and I hope the guy makes it right, but this should be an example to other people of something, not to do.

 

[JW56789]

This is EXACTLY why you do deals with businesses like Gruhn Guitars, Norm's Rare Guitars, Carter Vintage, etc.:

First of all, a proper written appraisal from these types of long-time, well-established businesses that are essentially the authority for used string instruments sets a price range no one can argue with. May not like it, but if insurance companies trust them, you can to.

A '$9K' bass is either some vintage piece or a boutique piece.

Vintage can get dicey at the top of the market if the originality can be picked apart for as little as a changed cap or a couple wrong screws. It's a very fussy clientele with collectors, not something I'd care for.

'Boutique' basses ALWAYS take a big depreciation as their market value rarely lines up with the new selling price, because they're generally built over long build times by very small companies that have to recoup those costs, resulting in nosebleed MSRP's when new. Unfortunately, in the open market, once you scare off the true cognoscenti of a particular brand, to the market in general, 'fancy bass' doesn't often translate to anything near the original selling price when new. These small builders can't rely on economies of scale, nor big volume with low net profits, they have to make it back over a small number of sales.

I'm very sorry for your difficulties, and would think an attorney would be on speed-dial if this were me, and I hope it resolves to your satisfaction. These stories are not uncommon here on TB, and if it were me, a proven, well-established business with years of experience would be my first and only stop. Otherwise, there's too many ways to ride the train into the ditch.

 

[Killing Floor]

Wow, in the OP you didn't mention that you never got paid. Do you have and "friends" who can ride along with you? I'd pay a visit and would probably call an attorney before I got there.