I consigned 20,000 out of print books to my ex-manager, which she has
proceeded to sell. Our agreement was that I was to receive 50% of the
sales price. To date she has sold nearly 8,000 books and paid me only
$300 over the past two years. She is now ignoring me when I request
an accounting of the sales and payment for same. Do I have any
recourse? (this was a verbal agreement, but witnessed by others).
Any help will be appreciated.
Sandra

Small claims court is your friend. Bring your witnesses.
A verbal agreement is as binding as any other. You have performed your side
of the bargain (the consideration, but the consideration could just as well
have been a promise). ("When is a contract not a contract? When there's no
consideration") No writing (i.e., no statute of frauds issue) here; and even
if there were, you've performed all your obligations.
On 01/04/2008 00:00, in article
c59e1409-dada-4b1a-9480-931ad82d7...@s13g2000prd.googlegroups.com, "sandcat"
<san...@venturapacific.net> wrote:

On Apr 1, 12:36 am, Papadillos <papadil...@hotmail.com> wrote:

For that kind of money you do need professional assistance.
You might try this, which is free:
Depending on your local law and court practice, you could bring a
misdemeanor complaint for "conversion" (a lesser form of theft, where there
might be "color of right" in the original possession of the goods).
A conviction will get you most of the way to a judgment in civil court.
But not every jurisdiction is hospitable to private prosecutions for
conversion. The New York City criminal court system is (or was). Check it
out.
As for picking a lawyer who will pursue your case with vigor: that is the
most frustrating, the most irritating and the most uncertain of acts.
Lawyers hired or retained for one-off cases have a tendency to forget them.
Have a look at your state's Bar journal -- the column covering disbarments
and suspensions and admonitions. If you can treat this as a series of unpaid
debts then a debt collection agency might work. Furst & Furst (do they still
exist?) used to be terrific.
If your debtor is insolvent then an involuntary bankruptcy might work.
Trouble is that you have little proof that the books still belong to you and
that he holds them in trust for you. Even less do you have a claim that
their proceeds are held in constructive trust.
If the guy is in the book business you can use the threat to his reputation,
maybe. I would consult with others in the business.
But what do I know: this is not my field of expertise, practice or thought.
On 02/04/2008 01:34, in article
44f30b63-175c-4b66-83a6-39fdc5151...@i7g2000prf.googlegroups.com, "sandcat"
<san...@venturapacific.net> wrote: