What can I do about a consignment shop owner not giving me my things back or any money?
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What can I do about a consignment shop owner not giving me my things back or any money?
Asked on October 25, 2012 under Business Law, North Carolina
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
You can sue the consignment shop for breach of contract. Your damages (the amount of monetary compensation you are seeking in your lawsuit) would be the amount of money you are owed.
Your first cause of action (claim) in your lawsuit would be breach of contract.
You could have a second cause of action (claim) in your lawsuit for conversion. You only file one lawsuit with separate causes of action (claims). Conversion is the unauthorized assumption of dominion and control over your personal property to deprive you of ownership permanently or for an indefinite time. Conversion is a civil claim for theft of your personal property since the consignment shop owner has not returned your personal property. Your damages for conversion would be a forced sale (the value of your personal property wrongfully withheld by the consignment shop owner).
Depending on the amount of your damages, you may be able to file your lawsuit in Small Claims Court. In addition to damages for the amount you are owed and forced sale of your personal property, your damages should also include court costs. Court costs include the court filing fee and process server fee.
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