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On November 23, 2018 I brought some stuff to be sold at auction. I have used this auction to buy and sell many times over the years.
On December 9, 2018, the owner and auctioneer died suddenly. His wife and daughter also worked at the auction. The daughter was the person who wrote out checks for sold items, etc. Wife ran kitchen and office with daughter.
I still have not been paid for the stuff I brought down in good faith that it would be sold (which it was) and I would get paid after commission was taken out. I made several trips to the auction house and no one is there. I also left a message on the answering machine and no one called back. A second attempt indicated that the "mail box" is full and no longer can take messages.
The items probably sold for $200-$300, tho I do not know since I was not present
I want to write letters to them requesting payment, sent certified returned receipt.
There are 2 addresses (1 for wife and 1 for daughter) so I would send 2 letters.
If no response I want to file in small claims.
I live in 1 county and they live several counties away. Do I file here locally, or do I file in their county??
Even if I win the judgment, is there a guarantee I would get paid??
Any one have a sample letter template to use for the letters??
You would file in the county of the business, not just in the county that the wife and daughter live in, if they live in a different county than the business. The business is what sold your items, so you should file where the business is.
And no, there is no guarantee you will get paid. It could become a lien on the business to where you might get paid if it dissolves or sells to clear all liens, but many small claims cases never see a penny.
You would file in the county of the business, not just in the county that the wife and daughter live in, if they live in a different county than the business. The business is what sold your items, so you should file where the business is.
And no, there is no guarantee you will get paid. It could become a lien on the business to where you might get paid if it dissolves or sells to clear all liens, but many small claims cases never see a penny.
Thanks. What I'm hoping for is that when they see the papers for small claims that they just send me the check instead of going thru small claims.
Has the auction been open? Maybe they are not going to continue the business? Or maybe they are overwhelmed with business and legal issues they don't know how to handle? Maybe the business is frozen in court. Or maybe it just isn't a priority at this time.
Send the letters (try to be compassionate not irate) and see. I wouldn't be threatening court action but instead offering condolences and asking if or when they might have a timeframe for settling your account.
Has the auction been open? Maybe they are not going to continue the business? Or maybe they are overwhelmed with business and legal issues they don't know how to handle? Maybe the business is frozen in court. Or maybe it just isn't a priority at this time.
Send the letters (try to be compassionate not irate) and see. I wouldn't be threatening court action but instead offering condolences and asking if or when they might have a timeframe for settling your account.
All of this. I can't even imagine they've had time to think about the business. There is no reason to be aggressive and threatening court action and compounding their grief unnecessarily.
State the facts. Send them the claim numbers the auctioneer gave to you. That will identify your "lots/items". When the items sold, the record keeper enters the buyers number, you, the sellers numbers, and the amount of the sale. It is a simple matter of doing the math to determine what you are owed. Give them the info and a fair time to respond.
IF you go to court, you are likely going to be a claimant against the estate. That will take months, if not a year or more depending on how the biz is/was organized.
Good luck.
You might find that "chit happens" and you will drive yourself crazy over a couple hundred dollars--especially if the records, the family, and the business are in chaos.
Can't you give them a little time to grieve?? It's only been a month!
The point is, they had 2 weeks to mail out payment before the man died. They use to mail out the payment promptly, but payments have been longer and longer and there are some ppl who have said that they NEVER got paid. Their reputation has been suffering lately.
Has the auction been open? Maybe they are not going to continue the business? Or maybe they are overwhelmed with business and legal issues they don't know how to handle? Maybe the business is frozen in court. Or maybe it just isn't a priority at this time.
Send the letters (try to be compassionate not irate) and see. I wouldn't be threatening court action but instead offering condolences and asking if or when they might have a timeframe for settling your account.
I was going to be very soft and kind in my letter. I even sent a card when the owner died. I know the family has been waiting for him to die- literally- because for years they were tired of doing the job. We've known these ppl for 18 yrs. Strong arming anyone and being threatening gets you nowhere.
I don't think they will ever re-open the business.
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