[H-Chan]

ATTN: CONSIGNORS, BEWARE OF MIDWEST AUCTION GALLERIES IN OXFORD, MICHIGAN


Midwest Auction Galleries sold my items last year, and, as of today, I still have not received their payments.

On December 13, 2013, I shipped 21 items to Midwest Auction Galleries as described and listed in my cover letter. In January 2014, Midwest Auction Galleries returned 5 items to me. Subsequently, I received a letter from Midwest Auction Galleries (dated January 9, 2014) thanking me for consigning with them, and the letter enclosed a list of my 16 items with descriptions.

My 16 items were put up for auction in their Fine & Decorative Arts Auction on January 25, 2014. As the auction was held simultaneously on Liveauctioneers, I was able to find out that 12 of my 16 items were sold. The sale results are still shown online.

Following their January 25, 2014 auction, Midwest Auction Galleries sent me a letter (dated February 17, 2014) informing me that my 4 unsold items would be included in their auction on March 15, 2014, and the letter enclosed a list of my 4 unsold items with descriptions. Again, I was able to find out on Liveauctioneers that my 4 unsold items were sold on March 15, 2014. The sale results are still shown online.

According to our agreed terms, Midwest Auction Galleries was supposed to pay me 45 days after an auction (minus 20% commission & minus 1% insurance). Despite my numerous requests for payments via emails and phone calls since September 2014, Midwest Auction Galleries chose to ignore my requests. In early December 2014, they even stopped answering my phone calls.

Besides, two of my previously unsold items (from early 2013) were sold on December 15, 2013, and I still have not received payment for these two items. Prior to their December 15, 2013 auction, I received a letter (enclosed a list of the two items with descriptions) from Midwest Auction Galleries (dated December 4, 2013) informing me that the two items would be included in their December 14 & 15, 2013 auction, and the sale results are still shown online.

Since September 2014, I have sent a number of emails requesting for payments to Jim Amato (owner), Christine (Sales Department), Brian and Patrice (Fine & Decorative Arts Department). Also, I have spoken with Christine and Brian a few times on the phone regarding my request for payments. However, I have never been able to get in touch with Jim Amato, and Jim Amato has never replied to my emails.

The total amount owed to me is $3,495.75 ($4,425 less 21%). Please note that I have copies of all the correspondences including emails and letters, and the original letters from Midwest Auction Galleries. I also have pictures to prove that those 18 sold items are mine.

On December 11, 2014, I filed a complaint with the Office of Attorney General (AG) of Michigan. On December 17, 2014, the AG's Consumer Protection Division sent a letter to Midwest Auction Galleries on my behalf requesting them to respond to my complaint. A second letter was sent to them in January 2015. Unfortunately, as of today, Midwest Auction Galleries has failed to respond to the AG's Consumer Protection Division.

On February 5, 2015, I filed a complaint with the Better Business Bureau (BBB) of Detroit & Eastern Michigan. On the same day, the BBB sent them a letter requesting for their response. Unfortunately, Midwest Auction Galleries has still not responded to the BBB, and the BBB will soon close my file. My complaint will be reflected on Midwest Auction Galleries' BBB Reliability Report with the following language: "The company failed to respond either to the consumer or the Bureau to the complaint(s) filed."

To learn more about the dark side of Midwest Auction Galleries, please contact the AG of Michigan (517-373-1140) and the BBB of Detroit & Eastern Michigan (248-223-9400) to verify the above complaints and inquire about other complaints.

I hereby declare that what is stated above is true to the best of my knowledge. I hereby also warn all consignors to stay away from Midwest Auction Galleries.



Situation Update

On March 6, 2015, Jim Amato, owner of Midwest Auction Galleries, left me a voice message saying that he would make payment to me. Since then, we have exchanged numerous emails. In one of his emails, he even asked me if I would remove my complaint posts upon receipt of his payment.

As of today, I still have not received his payment. In fact, Jim Amato has been lying and giving me false hope every week. I even told him that those consigned items belonged to my 84-year-old father with failing health who was worried so much about his payment and that he fainted at home on March 16, 2015. He was taken to the emergency room because of his fluctuating blood pressure after he found out that Jim Amato did not send his payment to me as he said he would.

Last Thursday, March 26, 2015, Jim Amato said in his email that he had wired the owing amount to my bank account and that it would take 3 days for me to receive it. Unfortunately, he lied to me again.

Yesterday was the third day since Jim Amato claimed he had wired the money to my bank account. I sent numerous emails to Jim Amato, Christine, and Brian asking them to confirm if Jim Amato had wired the money to me last Thursday. Unfortunately, none of them had replied to my emails. Also, I attempted to call them a few times but my calls were hung up as soon as they got through.

This is not a pleasant experience at all. Everyone in my family is really worried every time when my 84-year-old father faints as he may not wake up because of his failing health.

I sincerely hope that Jim Amato will handle this overdue payment with conscience.

[suzy_q2010]

https://www.oakgov.com/courts/dc52di...ll_claims.aspx

[jackmichigan]

Originally Posted by H-Chan

On December 13, 2013, I shipped 21 items to Midwest Auction Galleries as described and listed in my cover letter.

Do you live in the area?

[CraigCreek]

Talk to a lawyer, and sue for what is owed you. This is probably a larger amount that could be handled by small claims court, but do look into that option as well.

I take it all of your correspondence with this company's staff has been through registered mail...

Good luck. People like these give the business a bad name.

[H-Chan]

A Second Update on My Unpleasant Consigning Experience with Midwest Auction Galleries

On April 3, 2015, Jim Amato sent me an email saying that I would receive his payment by Wednesday, April 8, 2015. Unfortunately, he lied again.

As suggested above, I am going to to file a small claim against Midwest Auction Galleries in the 52nd District Court, 3rd Division, located at 700 Barclay Circle, Rochester Hills, Michigan, USA, 48307. In fact, it is easy to file a small claim in Oakland County. All I have to do is to fill out Form DC 84 (AFFIDAVIT AND CLAIM, SMALL CLAIMS) online and have a notary public notarized the form and my supporting documents, and then, send them to the 52nd District Court.

Thank you so much for all the information you have provided.

[suzy_q2010]

Originally Posted by CraigCreek

Talk to a lawyer, and sue for what is owed you. This is probably a larger amount that could be handled by small claims court, but do look into that option as well.

I take it all of your correspondence with this company's staff has been through registered mail...

Good luck. People like these give the business a bad name.

Oakland County, MI small claims limit is $5500. OP is owed less than $4000.

Certified mail would be fine. Registered mail is for valuable items. No need to use it just for documents.

If certified mail is refused and returned, do not open it. Keep the envelope and the receipt card showing delivery was attempted and refused.

An alternative is to pay an attorney a small fee to draft a letter outlining the plan to sue in small claims court. That might jog the money loose. If you win in small claims you have to get the money. That means identifying assets you can access, like a bank account. Speaking of which, I read once about a guy who placed a lien on a building owned by a bank after he won a suit against it and it still would not pay. They paid when he showed up with the sheriff to padlock the door.

https://www.legalzoom.com/articles/c...laims-judgment

"If your debtor is unwilling to pay and you know they have the means, it's time to use your local sheriff. You have three options to collect: a bank levy, wage garnishment, or a real estate lien."

[H-Chan]

MIDWEST AUCTION GALLERIES, INC. IS NOW CLOSED FOR BUSINESS

According to a post on Yelp on 4/8/2015 (by J S. Lake Orion, MI), Midwest is closed for business. This is what she says in her post, "Today April 9,2015 after continuous calling Midwest gallery after not receiving my money from one Fred Stone picture the was sold on auction in November, I stopped in the Oxford building only to find a lock smith changing the locks,claiming Jim Amanto and his crooked crew have been evicted!! Gone I'd my money and 2 other art pictures!! I'm stumped on what to do to retrieve what's mine!! Any suggestions??"

To view the above mentioned post, please click "Other reviews that are not currently recommended" in the link below.

http://www.yelp.com/biz/midwest-auct...Kkn6iSTPkHmOkA

As listed in Midwest's website, they are having an auction on April 24, 2015. However, their April 24, 2014 auction is not listed on Liveauctioneers and Invaluable (as they normally would do). I think their website is now a SCAM.

There is a new post on the Facebook page of Midwest Auction Galleries - Review (posted today by Connie Hall). According to the unpaid consignor, Patrice Cataldo and and Brian Fichtner went to her house and took her antiques (worth over $22,000) for the 12/20/2014 and 2/14/2015 auctions. I really feel sorry for this scam victim.

Facebook of Midwest
https://www.facebook.com/pages/Midwe...733?sk=reviews

If you have been scammed by Midwest Auction Galleries or you are an unpaid consignor of Midwest Auction Galleries, please report your loss to the Office of Attorney General (AG) of Michigan and the Federal Trade Commission.

AG of Michigan
michigan.gov/ag

Federal Trade Commission
ftc.gov/contact

[H-Chan]

FURTHER VERIFICATION NEEDED: MIDWEST AUCTION GALLERIES, INC. IS MOSTLY STILL IN BUSINESS.

I've called their main number a few time, and the Number: 248-236-8100 has NOT been disconnected. But their business phone greeting is gone.

[H-Chan]

SITUATION UPDATE

Because of the involvement of Ruth to the Rescue of Local 4 News (Detroit, MI), I finally received full payment of $3,495.75 from Midwest Auction Galleries, Inc. last week after spending a year chasing after them.

I hereby would like to thank the Local 4 News Team (Detroit, MI) for all the help they have given me.

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