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What are my rights under Indiana contract law to get my property back from a cosignment store
Vincennes, IN
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Posted about 1 year ago in Contracts / Agreements
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what can I do to get property I own from a business?:
I hope this makes sense but here I go. I owned a consignment shop in my town & recently gave it back to the old owner & left all the items I had purchased on consignment & I pick up a check every week. Well, I went in to take my items out which she told me I was allowed to do & all the sudden now she won't let me get my items or the money I am owed. What can I legally do if I don't have a contract? I have my own consignment number so I know what items are mine but she won't let me have them & won't pay me.
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Answers (1)
Mark S Britton
This attorney is licensed in Dist. of Columbia and 2 other states.
Posted about 1 year ago.
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Thanks for using Avvo. I am Mark Britton and I am the CEO at Avvo. I am also a lawyer. Bc we are not in IN yet, you may not get a response from one of our loyal Avvo lawyers. St, I wanted to offer some help. Please keep in mind that I am not a IN lawyer, and to get a definitive answer on this you should consult a lawyer in your area.
First, if the consignment contracts are in the store's name, you may have turned the goods over to the old owner when you "gave it back" to her. Even if she agreed to assign the contracts to you, there is a question whether she can do that under the consignment agreement. If the contract is silent regarding assignment, and she orally agreed to return the goods to you at some point then you have a right to the goods. In this instance, she cannot keep your property and you could contact the police to see if they are willing to help. If not, then you will need to file an action, possibly in small claims court. Here is a link to the IN manual on small claims. Irrespective of the route you take it will unfortunately be your word against hers. http://www.in.gov/judiciary/pubs/handbooks/small-claims-manual(2005).pdf |
