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Tina
Tina, Lawyer
Category: Legal
Satisfied Customers: 8775
Experience:  JD, BBA Over 25 years legal and business experience.
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15 years ago we bought dads vintage record collection

Customer Question

15 years ago we bought dads vintage record collection for3,000 dollars.we matched the price of a dealer he was trying to make a deal with.1 dollar per racord. We asked him if he would store them in his house as we live far away and in an apartment. We figured they might appriciate in value and that was a nest egg for us.plus sentimental feelings for the music.dad is83,and has now moved into a retirement home. We recently arranged to pick up the albums .we arranged for a shipping company to pack them up and bring them to us. We called Dad. He asked us to postpone the pickup for a few days as a favor.we said ok. The next morning we called to discuss the new arrangments for pick up. He announced that he sold them.he wouldnt tell us the guys name. We told him to get them back ,they were not his to sell. He lied and said he would. Upshot. No money, no records. We found out who has them .he wont talk to us. Says they were part of the house deal.how do we get our stuff back?this is in Pa.,we live in n.y.c.
Submitted: 8 months ago.
Category: Legal
Expert:  Loren replied 8 months ago.

Good evening. I am Loren, a licensed attorney, and I look forward to assisting you.

Expert:  Loren replied 8 months ago.

Do you have ANY written evidence of the sale? Did you save the cancelled check?

Customer: replied 8 months ago.
I have a check written to myself for $3000- & i believe i bought money orders with that for the albums All of my 3 siblings are
Aware of it, and my Dad does not deny that we bought the albums from him , There are a couple emails from my 2 sisters in 2014 saying they spoke to Dad + the Records would be in my Dads shed for us to pick up . I also have a written qoute from a shipping company that i scheduled to pick them up before the house was sold
Customer: replied 8 months ago.
To complicate things my girlfriend of 20 years put in some of her money , so very aware of buying them from Dad. Also the
buyer sent an email saying he had spoken to my father about the albums- and says he was aware that Dad was storing
Them for us for a long time...
Expert:  Loren replied 8 months ago.

Thank you for the additional information.

If your father does not dispute the sale to you then you can to sue him in small claims court for selling your records. If you can get the name of the new buyer you can demand he return the records. Your father will have to return the money he took from the new buyer.

If the new buyer refuses to return the records then you would need to file a petition for replevin seeking a court order for the return of the records. The proper venue is the county where the records are located. The clerk of the court will have the forms you need.

Expert:  Loren replied 8 months ago.

Are you still online with me?

Expert:  Loren replied 8 months ago.

Did you have further questions? Have I answered your question?