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

UPDATED: Oct 1, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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