QUESTION
How do we collect for a consignment company that owes us $100,000?
Asked on Oct 03rd, 2013 on Personal Injury - California
More details to this question:
We have a contract with the owner of a consignment company to sell our motor home for $162,000. He sold our coach on July 24th. He got a deposit of $25,000 and asked to hold it until the rest of the money was collected on September 1st then we would get all of our money. The middle of September he sent a cashier’s check for $62,500 from the buyer. He said the buyer wrote him a check for around $60,000 and would forward the funds when the check cleared. He keeps telling us we will get our full asking price of $162,000 soon. He says things like "by the end of the week", "I'll call you tomorrow", "waiting for the check to clear". Then he disappears for a week or more and we don't get replies from phone voice mails and e-mails. We don't know where he lives and can't find him at his consignment lot.
7 ANSWERS
Ronald A. Steinberg
You first make a police report. If they took your goods on consignment and did not pay you, they commuted theft. Then you sue the individuals of the company for fraud, etc.
Answered on Oct 14th, 2013 at 3:10 AM
Commercial Contracts Attorney serving Boise, ID
at
Peters Law, PLLC
Update Your Profile
Hire a collection attorney to go after him. He is using the money for other things. The faster you move, the more likely you will get your money.
Answered on Oct 04th, 2013 at 3:13 PM
Personal Injury Attorney serving Charlotte, NC
at
Paul Whitfield and Associates P.A.
Update Your Profile
You cant do much to a will o the whist or ghost. If you find him you can sue him civilly. If you think he is in the fraud business talk to the police fraud squad and try to get a warrant for him, fraud by trick or device, or some such. police will know how to deal with it.
Answered on Oct 04th, 2013 at 11:11 AM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
at
Andrew T. Velonis, P.C.
Update Your Profile
Start a lawsuit, the sooner the better. See if you can put a temporary freeze on his assets, you might not be able to but it is worth a try. No telling who else is after him.
Answered on Oct 04th, 2013 at 8:15 AM
Car Accidents Attorney serving Charlotte, NC
at
DeVore Acton & Stafford, P.A.
Update Your Profile
Assuming that your name is on the DMV title to the motor home, you should be protected, although it may require filing a lawsuit. I'm not clear about what you were saying about "holding the check". It is illegal in NC to write a check if you knew at the time it was written that there were insufficient funds in the account.
Answered on Oct 04th, 2013 at 7:46 AM
Thomas Edward Gates
Report the matter with the police. You may be out of luck in seeing any more money.
Answered on Oct 04th, 2013 at 6:51 AM
Tell him that you will have to sue if he does not pay over the money now. Check the internet to see if his business and him have any suits against them, negative comments, etc. Go to the local courthouse and check on suits against him. Hire an attorney on an hourly basis to immediately file suit and place a lien on the vehicles at the?consignment lot.
Answered on Oct 04th, 2013 at 6:38 AM