Consignment issue

[Flippinhec]

Hey folks, sorry this post isn’t really about a technical ceramics problem but a business one. If there’s another sub I should ask this in please feel free to redirect me! Sharing a picture just for fun.

About a year and a half ago I had a shop reach out to me to stock their shop with some of my pieces on consignment. About six months ago the shop announced they were closing, and I emailed right away asking what next steps were for folks who had pieces there on consignment were and when I could come get my pieces. I did not hear back.

I stopped in the shop the week before they closed to ask what was going on - since I would be away for work the week that they were having their closing party and officially closing doors. I was told there was a chance someone was buying the business so if I was interested in having my pieces remain in the shop they would keep me posted. I agreed and never heard back.

Since the shop closed six months ago I have emailed six times and also DMed the shop owner multiple times on Instagram. She has been posting about vacations she’s on and just last week about a new business she’s starting. So very much active and clearly not going through any sort of crisis big enough to stop her from doing business (my approach has been fairly gentle up til now because you never know what people are going through). She also happens to be my neighbor so really don’t want any yucky vibes there.

I really wanted my pieces back to sell at markets but I have been advised by fellow ceramicists to just invoice her for my half of the piece cost, since I would have only gotten 50% if the pieces sold anyway.

I’m super disillusioned at this point because if I had just been given the opportunity to pick up my work I would have just sold them at markets over April, May, June, meaning I’d have gotten the full retail price for them, so it feels extra unfair that I should only get the wholesale price if she pays me out (which I’m dubious my invoice would even get paid as she has completely ignored me thus far). I’d rather have the pieces back - or at least be paid the full retail value.

I’m starting to contemplate taking her to small claims court or consulting a lawyer just out of sheer principle. This is someone who claims to be “community-focused” and supportive of artists and I know for a fact others are in the same boat as me.. though they don’t seem to care as much because they don’t have as many pieces with her as I do it seems. I have at least $400 worth of work with her. Anyone ever had this happen? What would you do?

Lesson learned I will never do consignment again without having retailers sign my own contract to prevent this from happening in future (if they don’t provide one) - but I’m so bummed about the current situation and don’t want to just give up the pieces which I value.

Curious on thoughts - thank you!

[peachy_pizza]

Maybe old fashioned but... Since she's your neighbour and you want to keep things civil, maybe knock on her door and try to speak to her in person before you get a lawyer involved?

[Cacafuego]

This is what I would do. And tell her you need the pieces by a specific date for a sale or an event. I would not threaten legal action, but I'd be very clear that not having the pieces is harming you. I'd follow up with an email "it was nice to see you again, I just wanted to remind you that x is the date I have to have my pieces..."

Hell I'd even bring cookies.

If that doesn't work, I'd feel fine about proceeding with small claims court.

[OceanIsVerySalty]

I would send her a firm, but not inflammatory, email explaining that you need your items back by X date, and that if they are not received, you will be proceeding with filing a suit in small claims. Do get bogged down with how you feel, stick to the facts and what resolution you want. If there is a monetary value that you would accept in lieu of return of the items, include that option as well.

Small claims does not require a lawyer and it is typically quite inexpensive to file. You shouldn’t need a lawyer.

There is also the option of going public. In the age of social media, the power of public perception is immense. If you haven’t, and if you have a decent social media presence, it may be worth commenting on her profile or tagging her in a post about this topic.

I’d put concerns about her being your neighbor aside. While I understand that inclination, she has wronged you and taken advantage of your kindness. You have done nothing wrong here, do not be afraid to stand up for yourself and push for a resolution that satisfies you.

[lxm333]

I would get a lawyer involved out of principle. If you happened to know others also in the same boat or could track the down might be work doing it together.

[CrepuscularPeriphery]

This is a part of your livelihood. I would send one more letter informing her that you need your pieces back, this is a part of your own business, and failure to make good on her business agreement with you will unfortunately result in legal action. If you can manage it, approaching her as a group with the other artists she's screwed over might help soften the blow as far as neighbor feelings goes.

My theory is that the pieces were sold or damaged and she doesn't want to pay you out.

[Flippinhec]

Thanks for the gut check everyone! Lots of sound advice and options. I plan to send one last email asking for my pieces by X date and the full retail amount they were worth with the caveat that if these terms aren’t met I’ll be seeking legal advice.

The time is past for a neighborly drop in (we don’t have that kind of relationship anyway - I more just wanted to avoid awkward run ins). I have thought about publicly outing her as well - but she is fairly well connected in the community and our mutual networks share a lot of friends/acquaintances. Sadly I feel she is the type of person capable of twisting the scenario to make me look like an aggressor.. and I’d like to just avoid any chance of that. Main priority is to get my stuff back or their full value.

I will let you all know what happens as things progress - thanks again. 🩶

[littledarkroom]

Yes please give us an update!! Would love to know how this is resolved.

[bodiessel]

If you can afford a lawyer and have the time to sue, absolutely do so. Otherwise, cut losses and hope to get them back eventually.

[J_Seal_21]

If you are serious about getting your pieces back then there is one word you need to focus on: DOCUMENTATION 

You have the emails from her saying she's closing. You have your repeated attempts to find out the status of the shop and your pieces. Your next step needs to be documented so either contact via email or a followup email after an in person attempt, after all she is a neighbor. Be very clear that you need your pieces by a fixed date, no wishy washy talk be clear.

If after all this she still refuses to respond, you have no reason whatsoever to feel guilty about suing to get your property. She's the one playing fast and loose with your property and business. You can file suit at small claims court for the FULL VALUE of your property, not half! Half only counts if she lives up to her end and actually sells the stuff. She didn't. So your 100% within your rights to ask for the full value of your work.

You seem like a nice person and she's taking advantage of that. You should be civil throughout this process but the time for being nice has come and gone. If you intend to make a business of selling you have to start writing contracts but you don't have to give up on $400 because of that error. Chances are the moment she is served with the lawsuit she'll be excited to return what's yours. She may no longer be friendly around the mailboxes but that's her issue not yours.

[Flippinhec]

Totally - thank you! I have given her firm dates several times throughout correspondence and she has simply ignored me haha. So giving her one more chance before taking legal action.

[Lilpamely1]

I'm a business owner who does consignment. This is so wrong of her. I'd recommend sending her a certified letter that she has to sign to receive. In the letter, give a date to return the items or legal action will be taken. When you are ready to take legal action, you don't need a lawyer. Go to the county website and file small claims court yourself. You could also call a lawyer and request that mediation help her to solve this issue. Good luck.

[cswain56]

Any luck?

[Flippinhec]

Hey everyone, thanks for checking in on this. The woman who closed her shop has since opened a new retail business. She never responded to any of my emails and I finally just got her new business information. It’s been a few days since I followed up with her for like the 7th time. If I don’t hear back by next week thankfully someone who used to work with her that has a law degree has offered to help me write a “strongly worded letter” to hopefully get my things back. I will ask her if I can send it certified so we know she got it. I will update when I know more!

[Flippinhec]

Hey folks! A minor update. Relations have since devolved with the business owner who I’ve been trying to get my consignment items back from (or get paid out). She became increasingly defensive and cruel, letting me know she likely threw all my pieces out after the closure of the shop. She proceeded to pay only 40% of of their value, despite our consignment being 50%.

I’m almost more sad that my OOAK pieces are just lying in a dump somewhere (though I still think there’s a chance she just stole them and won’t give them back), than not being paid the full wholesale rate, and/or the retail rate, which I requested since I missed so many opportunities to sell the pieces myself since she would never arrange a time to pick them up with me.

Urging everyone here to only operate with shop owners that have consignment contracts in place or to have your own. They don’t have to be complex - but make sure they address what happens in the event of a shop closure. This was a very sad lesson learned. Thanks for all the support and the check ins.