Accepted Answer

Benjamin M. Burt, Jr., Esq.:Hello and thanks so much for choosing this forum to pose your important legal question. The information provided is general in nature only and should not be construed as legal advice. By using this forum, you acknowledge that no attorney-client relationship has been created between you and Benjamin M. Burt, Jr., Esq. You should always consult with a lawyer in your state. Please start by telling me which state this involves.
Wayde12:Ohio
Benjamin M. Burt, Jr., Esq.:Thanks. Could you please also describe any other important details, if any. For example, how long ago did this occur?
Wayde12:I originally took the drumset in 2 yrs ago. I called every few months to see if they were sold then finally 3 wks ago the store said they were.
Benjamin M. Burt, Jr., Esq.:Alright, thanks for the additional information. Are you dealing with the same person from two years ago? I mean, do you think they really don't know the drums were yours? Or are they just trying to get out of giving you your proceeds from the sale?
Wayde12:They also sold some symbols from the set separately and gave me the money for them about a year ago.
Wayde12:The business mgr got involved and I have never dealt with him until recently, I don't know if he was always there or is newer. They admit that they have my information so it's not an issue of them not knowing whose they are. The business mgr said he could accept the original purchase receipt that came from another store if I could get it. The ironic thing is that this music store has my copy of the original purchase- I gave it to them when I turned the drums in for consignment so I could prove the value of the set when it was new.
Benjamin M. Burt, Jr., Esq.:Okay, thanks. One more question and I think I can advise you properly. Do you have a copy of a written consignment agreement? Also, what county/city are you in?
Wayde12:I called the original store and explained the situation, they were very nice but said they weren't sure if they still had the original purchase invoice because it has been like 5 yrs.
Wayde12:No, I don't have anything, I don't know why because I usually keep everything, but I have gotten married and graduated from law school in the last two years and somehow the consignment agreement and ticket got misplaced. I am in Summit county, the store is located in Akron
Benjamin M. Burt, Jr., Esq.:I understand...I've lost plenty of important papers! By the way, congrats on law school! Well, here's the bottom line. If they won't voluntarily cough up your money then small claims court is the place for you to go. I would send them a written demand letter (certified mail--return receipt requested) and keep a copy. If you don't get your money within say 15 days, file in small claims court. Jurisdiction up to $3,000 in Ohio, informal, user-friendly. My bet is you'll win. Here is a handy place to start (even includes forms and instructions): http://courts.ci.akron.oh.us/services/services.htm. Does all of that make sense?
Wayde12:Yes, and thank you so much. I was thinking about that option, but I am the one that lost the paper. Thank you
Benjamin M. Burt, Jr., Esq.:You are quite welcome. Can I do anything else for you? If not, if we can be of any further assistance to you, please feel free to use our service again. Best wishes for a successful outcome. I wish you all the best. If my answer has been helpful to you, please click "ACCEPT" so that I may be paid. This is the only way that I will receive compensation for the work performed. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done. Clicking "FEEDBACK" to leave your positive comments is always greatly appreciated.
Wayde12:No, I am good. There is no ACCEPT on my page, do I need to click END CHAT, maybe?
Benjamin M. Burt, Jr., Esq.:Yes, please just click End Chat when you are ready to terminate your session. Take care.
Wayde12:Thanks again

Expert:	Benjamin M. Burt, Jr., Esq.
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Answered:	3/22/2008

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