What protocol needs to be followed to obtain retail merchandise belonging to me from a consignment store?

UPDATED: Sep 29, 2022

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What protocol needs to be followed to obtain retail merchandise belonging to me from a consignment store?

I have several thousand dollars worth of inventory in a home decor boutique and cannot get the owner to respond to my requests to come retrieve it. We dissolved our agreement over 1 month ago.

Asked on September 16, 2015 under Business Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

You sue for the return of your merchandise or its current fair market value, based on conversion a type of theft keeping something in your possession but to which you are entitled and breach of contract not returning when the contract ended. Procedurally, it is easier to sue for the money than the return even if you sue for the money, the matter can be settled between you by the return of the goods. Sue the store if it was an LLC or corporation sue the owners otherwise.

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