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Consignor taking me to small claims court after store closed 9 yrs ago.

I closed a consignment store in 2000, after sending letters for people to pick up items, we stored unpicked up items for the past 9 yrs. along with our own store inventory, showcases etc.  we now have a consignor that claims she didn't know we closed or got the letter and wants full value for her items that she did not pick up, problem is we haven't found all the items as our storage is not unpacked, and we did have theft of items during move, we hired a dozen handymen to pack and move for us, but still don't know the extent, we can't find 5 items, she is taking me to court to ask for full value, not the reduced prices we had on the items, or less the commission prices she would have received, in the last 9 yrs. she has written me 2 letters in 2005 when she moved out of state, and in Jan. 2009 when she moved back to OR, we went to mitigation small claims but that failed as she was adamant about getting over $5000. for her things, I've figured it to be about $1400. for the actual prices that were reduced over the years and less commission that she would have realized.  So now we are going to small claims court in Sept. and I was wondering about the statute of limitations, I'am still paying storage in OR all these years and I moved out of state 5 yrs. ago.


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190 helpful answers

Instant Person-Just add coffee.

Anyone can take anyone else to small claims court, but at this late date, and the facts you provided, it doesn't seem as if she has much of a chance getting reimbured.  If I were the judge, the first question would be why she waited so long to bring this up. The statute of limitations probably is over and you can NOT be expected to keep things forever. Do you have a lawyer friend to ask this question?  Hopefully, you have records of all of her transactions to take with you to court.  Good luck and may you have a positive outcome.

Posted 2009-08-12T19:31:53Z

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