What to do if I’ve been selling my work through a consignment boutique but they have not paid me for the items that have already sold?

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What to do if I’ve been selling my work through a consignment boutique but they have not paid me for the items that have already sold?

I keep hearing excuses that their business is struggling and that I will need to wait another month to receive payment. It has been 6 months of hearing the same excuse. I have a signed agreement which states I will receive a check within 30 days of the sale of my item. What can I do in order to collect payment for the items I have sold?

Asked on October 21, 2012 under Business Law, New York

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You can sue the consignment boutique for breach of contract.  Your damages (the amount of monetary compensation you are seeking in your lawsuit for breach of contract) would be the amount you are owed plus court costs.  Court costs would include the court filing fee and process server fee.  Depending on the amount you are owed, you might be able to file in Small Claims Court.


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