Can I sue this store for losing me thousands worth of merchandise?

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Can I sue this store for losing me thousands worth of merchandise?

I sent off 6 shoes to a consignment store in
NYC, I am located in Virginia. The store takes
20 of the sale for listing it on their website
and in their store processing. Processing
usually takes 2-3 Days and 5-7 if its a holiday.
Its now been over 3 weeks, customer service
is god awful. They havent been responding
with an update on its whereabouts, yet I have a
proof of delivery signature proof on the 26th
of December. Ive called, emailed, and DMed.
This has effected me emotionally and cost me
money/items. Will I be able to sue this business
for anything/any reason? If so, how much is
there to gain?

Asked on January 21, 2018 under Business Law, Virginia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If they have lost, destroyed, misplaced, etc. your shows, or otherwise will neither return them nor send you the payment for them, you could sue them for the value of the shoes: they have to either return the shoes to you (e.g. on requeest; if they feel they can't sell) or sell them and send you the proceeds; they can't simply take or lose your merchandise. 
You can sue for the value of the shoes and also for your shipping cost to them. In a case like this (a commercial or contract case), there is no compensation for your emotional distress. Also bear in mind that each party or side in a case like this pays its own attorneys fees, so if you hire a lawyer (which you must do, if it was an LLC or corporation which owned the shoes; while a person may represent himself in court "pro se" if he choose, under the law, an LLC or corporation must have an attorney), you will have to absorb that cost yourself.


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