Advice on Consignment Problems

D. Gale · 05-06-2010, 11:00 PM

Does anyone have any experience selling their crafts on consignment, and more specifically, getting payment or merchandise back when a deal goes sour?

Last fall, when I realized I would be working too many weekends to sell at craft shows, I "sold" a bunch of my handcrafted items to someone else who was doing a lot of shows and seemed enthusiastic and wanted more merchandise to sell than she had time to make. I don't know this person in real life, only online, but thought she seemed trustworthy and dependable.

I didn't demand payment up front, but figured she could either pay me as items sold, or she would return the items she didn't want or couldn't sell after a couple of months. I did send a Paypal invoice at the time, just to document what I sent and the value, at least at wholesale. The invoice was for over $300, but the merchandise would probably sell for $700-$800 if I was selling it myself at retail/craft show prices.

As far as I know, this person hasn't sold any of my merchandise, nor has she returned it. I sent the items to her in October, and have been asking for her to send it back since February. She told me it was boxed up and ready to ship in March, but since then she won't return my emails. I don't have a phone number for her, and she lives too far away for me to just drive there and pick it up. I have told her that I wanted to sell it myself, since she wasn't, as we still have hospital bills to finish paying.

Any suggestions on how to deal with this? I'm really upset about it. I tried to be understanding when she mentioned she had health problems over the winter, but now I've found out she has shows scheduled almost every weekend this spring. If she's healthy enough to do that, why can't she send me my stuff???

I just don't know what to do next. Any suggestions (other than the ones that tell me I'm a complete idiot) would be welcome.

rb. · 05-06-2010, 11:15 PM

Sorry, DG, no experience here. Good luck.

flourbug · 05-07-2010, 07:42 AM

D.Gale, this happens all the time in the art community. Theft is a huge problem - galleries sell art and do not pay the artist, images are used without permission on commercial products and advertisements, or even copied and sold original art. Some artists consider a certain amount of theft just the cost of doing business, others pursue every last penny to the bitter end. You need to decide how much your time and effort is worth to you, and if it is worth it to pursue this particular matter. It is a judgment call.

If she's not paying attention to YOU, I'd step it up a notch.

A letter from a lawyer threatening legal action may get results. It doesn't cost much to hire a paralegal to go to small claims court on your behalf.

If you know her online, that's another avenue. Most online communities take a very dim view of members who cheat others. Some have a "trusted member" board where you can post about members who sell shoddy goods or fail to complete a transaction as well as those who can be trusted. If they don't have anything like that, I'd contact a moderator. You don't want to slander her (there are legal implications), just be factual and truthful.

WetCanvas.com has a Legal Corner - http://www.wetcanvas.com/forums/forumdisplay.php?f=79 Register (it's free) and post a question there. I am sure you'll get many answers from people in the artisan and craft community that have more ideas than I do.

Good luck. I've been in your shoes and it sucks.

Amberglass · 05-08-2010, 12:43 AM

I'd threaten legal action.

booger · 05-09-2010, 02:46 PM

I've no advice but wanted to chime in just for support. Some people suck. There's no reason she can't take a few minutes from her day to mail your things back. Grrr.

kaneohegirl · 05-09-2010, 05:45 PM

yep some ppl suck... just keep bugging them sooner or later they will get their head outta their asses

D. Gale · 05-09-2010, 08:55 PM

Thanks for the advice, everyone!

Potemkin · 05-09-2010, 09:23 PM

Quote:

Originally Posted by Amberglass

I'd threaten legal action.

There is another trick I have used a few times when I may not have wanted to spend money on legal action but wanted to give people a chance to get off their *sses and do right.

Instead of going to an attorney and telling them to sue, I tell them I want them to craft a letter in sufficient legalese to motivate them.

"My client wishes you to know if such actions aren't taken to remedy the situation to his satisfaction my client will instruct me to begin legal proceedings to .... blah, blah, blah. "

Have them send it Registered, Return Receipt.

It has worked in every case and it only cost me about $100.

Your stuff may not have been worth $100, but it will give you the satisfaction of making them look over their shoulder for a long time.

The best part of it is that they will tell all of their friends "Did you know that Potemkin wanted to sue me....."

The scumbags will go running, and you will just be left with the honest people to do business with.

Mama Alanna · 05-09-2010, 10:10 PM

It's entirely possible that she can't return them because she HAS sold them, and can't/doesn't want to send you your money.

Legal action, all the way.