I left $violin on consignment, store has refused attempts at contact for a few years

[thankyou!]

What is the name of your state (only U.S. law)? SC
I sent a violin valued over $3000.00 to a luthier to do minor repairs and sell on consignment in his store in 2010. I'm in SC and he's in NJ. I understand that it can take a long time to sell an expensive item like this, but the person I sent the violin to has refused several of my attempts at contact. I need help! I have email traffic between he and I from when I sent it and he reported receiving it and also appraised it.

 

[quincy]

What is the name of your state (only U.S. law)? SC
I sent a violin valued over $3000.00 to a luthier to do minor repairs and sell on consignment in his store in 2010. I'm in SC and he's in NJ. I understand that it can take a long time to sell an expensive item like this, but the person I sent the violin to has refused several of my attempts at contact. I need help! I have email traffic between he and I from when I sent it and he reported receiving it and also appraised it.

Six years is a long time to wait for a violin to be repaired and to sell. Have you had any contact with the luthier during this time, other than the early communications on receipt and appraisal?

I assume you sent your violin to a reputable luthier and not someone you found on Craigslist.

Have you tried calling rather than emailing? Do you know anyone in New Jersey who can check on the status of your violin for you?

 

[thankyou!]

I have no NJ contacts. The person is on facebook, is a conductor and owns a musical instrument (mostly violin) store. He changed his web page quite a while back to having the only way to contact him being via email. He hasn't replied to my facebook messages, emails nor replied to voicemails. I was hoping someone here could help/advise.

 

[quincy]

I have no NJ contacts. The person is on facebook, is a conductor and owns a musical instrument (mostly violin) store. He changed his web page quite a while back to having the only way to contact him being via email. He hasn't replied to my facebook messages, emails nor replied to voicemails. I was hoping someone here could help/advise.

Perhaps he died?

 

[Zigner]

SoL in NJ is 6 years on contracts. WHEN in 2010 did you send it?

 

[thankyou!]

SF Inst xxx web site is apparently active.

 

[thankyou!]

May 2006, but I didn't realize I was a victim of theft by deception...I thought the instrument was hanging in his store on consignment and was patiently waiting/hoping for it's sale.

 

[Zigner]

May 2006, but I didn't realize I was a victim of theft by deception...I thought the instrument was hanging in his store on consignment and was patiently waiting/hoping for it's sale.

I don't think this is theft by deception. This seems to be a contractual matter. You will need to sue him, in NJ, before the statute of limitations runs out. Now, you may be able to argue that the SoL is extended because the breach didn't occur right when you sent it, rather, it occurred when he didn't sell it as agreed.

 

[quincy]

May 2006, but I didn't realize I was a victim of theft by deception...I thought the instrument was hanging in his store on consignment and was patiently waiting/hoping for it's sale.

What sort of written agreement did you have with the man? Was there a "bottom line" that you would accept for the sale? Did you pay to have the violin repaired or was the luthier supposed to take out of the sale proceeds the amount of repairs?

You have a storefront address for the man. I recommend you send a letter to this address, certified mail return receipt requested, inquiring about the status of the violin. Advise the man that legal action is being considered and might need to be taken if you do not hear from him within X number of days. Or you can have an attorney send a letter.

 

[thankyou!]

Either way. I wonder if suing would be more trouble than it's worth though, considering legal fees and the fact that I'm here in SC and he's in NJ. Maybe that's why he figured he could get away with it in the first place. Bottom line, that's the real question...that and who would be a good lawyer if it IS worth it. Are there any lawyers willing to be compensated only if we win in a case like this I wonder...

 

[quincy]

Either way. I wonder if suing would be more trouble than it's worth though, considering legal fees and the fact that I'm here in SC and he's in NJ. Maybe that's why he figured he could get away with it in the first place. Bottom line, that's the real question...that and who would be a good lawyer if it IS worth it. Are there any lawyers willing to be compensated only if we win in a case like this I wonder...

You probably will not find an attorney willing to handle this for you for free.

This would be a small claims matter - and you will want good documentation of your arrangement with the luthier if you intend to travel to New Jersey to sue.

I am not sure that the man is trying to "get away with" anything. Your violin may still be hanging in his shop, waiting for sale.

You could probably hire for a relatively small fee an attorney to draft a letter to the fellow and that might be effective. It should get the man's attention, at least. I would try that before considering a legal action.

 

[thankyou!]

If he's not trying to get away with anything, he'd have replied to one of my numerous attempts at communication since 2010, don't you think? I've already had an attorney who's an acquaintance send a letter (no charge) over a year ago. No response.

 

[Just Blue]

If he's not trying to get away with anything, he'd have replied to one of my numerous attempts at communication since 2010, don't you think? I've already had an attorney who's an acquaintance send a letter (no charge) over a year ago. No response.

You have been what to do. But what is it what you WANT to do??

How much is the violin worth? $1, $5, $100, 000.00 ?

 

[quincy]

If he's not trying to get away with anything, he'd have replied to one of my numerous attempts at communication since 2010, don't you think? I've already had an attorney who's an acquaintance send a letter (no charge) over a year ago. No response.

First to Blue Meanie: thankyou! said that the violin was worth over $3000.

I don't know why the luthier has not responded to your attempts to communicate with him. The attorney received no response to the letter that he sent? What exactly did the attorney's letter say?

The man does not answer his phone when you call?

Perhaps it is time that you plan a trip to New Jersey to visit your violin in the man's shop. You should line up an appointment in advance, as I understand that the luthier operates his store on a by-appointment-only basis (which seems a difficult way to sell a violin). If you intend to file a small claims suit against him, you will have to visit New Jersey anyway.

I think you would have been smart to take action long before now. Waiting this long has complicated matters for you. I hope you have kept good records - your written agreement detailing the repairs needed and the terms of the consignment, your shipping receipts, your correspondence with the fellow, the attorney's correspondence with the fellow, and your email and phone call attempts to reach him.

Good luck.

 

[Just Blue]

First to Blue Meanie: thankyou! said that the violin was worth over $3000.

I don't know why the luthier has not responded to your attempts to communicate with him. The attorney received no response to the letter that he sent? What exactly did the attorney's letter say?

The man does not answer his phone when you call?

Perhaps it is time that you plan a trip to New Jersey to visit your violin in the man's shop. You should line up an appointment in advance, as I understand that the luthier operates his store on a by-appointment-only basis (which seems a difficult way to sell a violin). If you intend to file a small claims suit against him, you will have to visit New Jersey anyway.

I think you would have been smart to take action long before now. Waiting this long has complicated matters for you. I hope you have kept good records - your written agreement detailing the repairs needed and the terms of the consignment, your shipping receipts, your correspondence with the fellow, the attorney's correspondence with the fellow, and your email and phone call attempts to reach him.

Good luck.

Well! Color me embarrassed!! Indeed OP stated that in the first line of his/her 1st post. That's what I get for forgetting how fundamental reading is....

Thanks Clincy...(we need a really good "smirk" icon.