consignment theft

[slipinsky]

i put my motorcycle on consignment to a motorcycle shop to sell and he sold it but when i asked for my money he said that he used it to keep his buisness open can i have him arrested for theft.?

[Jynkxxie]

Oh...Not a Cop. Probably not, but you can probably take him to small claims court.

[mcsap]

Probably. It may depend on your state laws. Call your local District Attorney and ask to speak to a prosecutor. Go over the details with him/her and see if it would qualify for him to be charged under state law.

If you called me on duty, I would make that same call do to the relationship between you and the store owner.

You may be told to send a demand letter certified mail giving him X number of days to give you the money in the form of cash, money order or cashiers check. I wouldn't accept a personal check from some bozo who is having money probles. If he doesn't pay up, you will proceed with criminal charges.

[Oldbillplod]

I'd say yes you can.

[mcsap]

The issue began over a CIVIL agreement in which there was a "contract" for the seller to sell for the owner. The seller has breached the contract in refusing topay. This smells highly of requiring a civil suit to recover damages, or the threat of one. But MAYBE your state has a law that would cover you.

[corporal716]

The issue began over a CIVIL agreement in which there was a "contract" for the seller to sell for the owner. The seller has breached the contract in refusing topay. This smells highly of requiring a civil suit to recover damages, or the threat of one. But MAYBE your state has a law that would cover you.

I'm with you, Its a civil matter. Take them to court.

[Jynkxxie]

The issue began over a CIVIL agreement in which there was a "contract" for the seller to sell for the owner. The seller has breached the contract in refusing topay. This smells highly of requiring a civil suit to recover damages, or the threat of one. But MAYBE your state has a law that would cover you.

Exactly. This has happened in my workplace...no one got arrested. And we are talking about figures well up to 30 or 40 Grand. The guy didn't steal anything, he just breached the contract, which is why I still don't think he would be arrested...

[mcsap]

That is why you may need to pay a lawyer $50 to send a legally threatening letter. I have had to do this over a vehicle.

[ousoonerfan3]

In Oklahoma, this is a crime. Embezzlement by Bailee.

21 OS 1455

[sbrad]

Technically you could here for Theft by Conversion. But it would be between you and the magistrate, and he may or may not give you the warrant.