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Post by fernwood on May 6, 2019 12:43:05 GMT -5
I had broken down and taken some of my items to the county Senior Citizens store front.
They have a 30% commission rate, plus an annual "crafter" sales fee.
Once I obtained a part time position, that conflicted with the only times they will allow "crafters" to drop off items.
I received an email stating I had to pick up my items that had not sold after being there for a year. Was given a specific date. I went to pick up items by that date. Was told that my items were no longer there. That I had not picked them up by the specified date, so they were now considered a donation to support the elderly in the county.
I was connected to the manager of the store. She said that since I had not picked up my items prior to the due date, they were considered a donation. That they would give me a receipt for what she valued the items at. $20.00! Items that were priced by me, prior to the addition for the 30% commission fee at $150.00! 8 items, which included some necklaces made from old stock Sleeping Beauty and Kingman Turquoise, old stock, natural red coral and other items I had spent over 2 hours making.
Let her know that her valuation was unacceptable. Gave her an estimate on the value of the materials alone and that I had priced them below the value of materials. Paid myself nothing for the manufacture of them or overhead. She threatened to call the police on me. I was my usual, nice, passive self. Said nothing in a threatening manner.
She also said I had to leave immediately and was banned for ever selling items there again. If I would not leave immediately, she would call 911 and have me removed. I was in shock and did not move immediately. She picked up the phone and dialed 911. Put the phone on speaker. Said that she was being threatened by a crafter and requested immediate response. I left, but was met by police in the parking lot. Thankfully, the responding officer is a friend of mine. I let him know what happened. He told me not to worry about it. That the person who called has been calling a lot. He feels she has dementia, which is causing her not to thinkl clearly. Let him know I appreciated his understanding.
He said he would just report it as a false call.
Whew. No way I wanted to be apprehended for something like this.
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bcrockhound
spending too much on rocks
Member since June 2014
Posts: 418 
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Post by bcrockhound on May 6, 2019 12:48:36 GMT -5
Jeez, sorry to hear about that ordeal.
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Post by fernwood on May 6, 2019 12:54:57 GMT -5
Jeez, sorry to hear about that ordeal. Nothing like I had ever experienced before. |
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Deleted
Deleted Member
Member since January 1970
Posts: 0
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Post by Deleted on May 6, 2019 13:07:49 GMT -5
Remedy would be small claims court. Assemble your documentation. No lawyer needed, doesn't take a lot of time.
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Post by fernwood on May 6, 2019 13:12:32 GMT -5
Remedy would be small claims court. Assemble your documentation. No lawyer needed, doesn't take a lot of time. Dunno if I would to go against the county and what is considered a highly reputable offshoot of them. I have been to small claims court before and working on 2 claims against others now. Just not enough energy, physical ability and time to do everything. |
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Post by MsAli on May 6, 2019 13:25:04 GMT -5
That's a sad situation in a lot of ways. I hope if it is the case she is having dementia that she is also getting help.
Maybe just call and ask what they do with donations and see if you can reach out to them and reclaim them
Otherwise take comfort that they atleast went to a good cause and next time if you do this write up a contract
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MommaGem
spending too much on rocks
Member since April 2019
Posts: 312
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Post by MommaGem on May 6, 2019 14:00:11 GMT -5
Oh wow, I'm really sorry to hear that you had such a stressful experience  It would concern me that if the local police thought she had dementia... what is she still doing working there? That company should be concerned about their reputation if they have an employee calling the police that frequently. She may even make a bigger mistake in the future. I feel sorry if she actually does have dementia, but she also needs to be responsible at work.
Did she have documentation of their "donation" policy?
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Post by aDave on May 6, 2019 14:19:03 GMT -5
I received an email stating I had to pick up my items that had not sold after being there for a year. Was given a specific date. I went to pick up items by that date. Was told that my items were no longer there. That I had not picked them up by the specified date, so they were now considered a donation to support the elderly in the county. I'm a bit confused. Did you actually arrive to pick up the items by the deadline, or did you arrive after? Or, is the store's statement that you did not pick them up by the specified date an error, and you were actually on time? If you were late, and if there is a note in the consignment policy about how unclaimed items (after one year) will be dealt with, you may be out of luck. Your only quarrel might be the valuation for the receipt. If you were on time and made the deadline, and the items were subsequently gone, that's potentially embezzlement and is not simply a civil matter. If the store is a County entity, that manager has a boss somewhere. See if you can reach that person and explain the situation. If you have documentation of dates, and you were on time, explain to whoever you talk to that there may be criminal exposure for the store. If you want to push things in that direction, I'd think they'd do whatever they can to help you get your property back. |
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Post by rockjunquie on May 6, 2019 14:33:41 GMT -5
I received an email stating I had to pick up my items that had not sold after being there for a year. Was given a specific date. I went to pick up items by that date. Was told that my items were no longer there. That I had not picked them up by the specified date, so they were now considered a donation to support the elderly in the county. I'm a bit confused. Did you actually arrive to pick up the items by the deadline, or did you arrive after? Or, is the store's statement that you did not pick them up by the specified date an error, and you were actually on time? If you were late, and if there is a note in the consignment policy about how unclaimed items (after one year) will be dealt with, you may be out of luck. Your only quarrel might be the valuation for the receipt. If you were on time and made the deadline, and the items were subsequently gone, that's potentially embezzlement and is not simply a civil matter. If the store is a County entity, that manager has a boss somewhere. See if you can reach that person and explain the situation. If you have documentation of dates, and you were on time, explain to whoever you talk to that there may be criminal exposure for the store. If you want to push things in that direction, I'd think they'd do whatever they can to help you get your property back.  You better believe - it would not be the end of it for me. AND! they called the law on you, too? OMG! I would be one angry Tela. This woman needs to be dealt with. You almost have a duty to the county to report this. |
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Post by Rockindad on May 6, 2019 15:36:58 GMT -5
I received an email stating I had to pick up my items that had not sold after being there for a year. Was given a specific date. I went to pick up items by that date. Was told that my items were no longer there. That I had not picked them up by the specified date, so they were now considered a donation to support the elderly in the county. I'm a bit confused. Did you actually arrive to pick up the items by the deadline, or did you arrive after? Or, is the store's statement that you did not pick them up by the specified date an error, and you were actually on time? If you were late, and if there is a note in the consignment policy about how unclaimed items (after one year) will be dealt with, you may be out of luck. Your only quarrel might be the valuation for the receipt. If you were on time and made the deadline, and the items were subsequently gone, that's potentially embezzlement and is not simply a civil matter. If the store is a County entity, that manager has a boss somewhere. See if you can reach that person and explain the situation. If you have documentation of dates, and you were on time, explain to whoever you talk to that there may be criminal exposure for the store. If you want to push things in that direction, I'd think they'd do whatever they can to help you get your property back. I was typing pretty much the same post earlier but my work Ipod was getting glitchy and would not let me quote. If you tried picking up the items by the specified date I do not think I could let it go. Obviously I do not know your particulars but the one year forfeiture on consignment deals are the standard around here, I do not think they even have to give you any additional notice after the original contract is signed. Regardless, it seems this was escalated for no good reason. Al |
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Post by vegasjames on May 6, 2019 18:33:03 GMT -5
When you signed the consignment contract did it specify that if you did not pick them up by the specified date that they would be donated? If yes then there is little you can do. If no then you have a strong case and could even file charges for theft and grand larceny, which can give you leverage to get your items back or at least the value. In this case you can also file in small claims and go after everyone involved, which they will likely give your items back just to avoid the hassle of Court.
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Post by aDave on May 6, 2019 19:44:05 GMT -5
When you signed the consignment contract did it specify that if you did not pick them up by the specified date that they would be donated? If yes then there is little you can do. If no then you have a strong case and could even file charges for theft and grand larceny, which can give you leverage to get your items back or at least the value. In this case you can also file in small claims and go after everyone involved, which they will likely give your items back just to avoid the hassle of Court. Theft or grand larceny? No, not grand larceny. While I don't know the statutory elements for Wisconsin, I doubt that the taking of property in this case would amount to anything "grand." Using California as an example, there's a pretty significant dollar threshold for the loss before becoming grand theft (felony), and that amount is $950 or more. For this discussion, I'm assuming that fernwood went to claim her property within the specified time frame. If I'm wrong, and she was late, then all bets are off. However, "theft" in and of itself may not be the issue. Embezzlement may be a consideration, which may be charged as a crime other than simple theft. Embezzlement is a different issue, as it could either be a misdemeanor or felony without dollar consideration. Again, I don't know WI statutes, but if I take everything that Beth has mentioned at face value - attempt to pick up property before a given forfeiture date, and that stuff is gone, it may be embezzlement. Embezzlement, in the general sense, is the taking (or conversion) of property that is entrusted to another. Depending on the locale, embezzlement may present itself as a higher level of crime than simple theft of property that would only be a misdemeanor. It will depend on WI statutes. That said, all hinges upon what fernwood did relative to her "drop dead" date. If she was late, then there is probably little recourse. If that one year drop dead date had actually not been reached and the property was gone, that's a different matter. It will be interesting to see what Beth has to say about her pick up date and when she got there. From there, we can give better info. ETA: And, FWIW, Beth can't file charges. She can only initiate a police report. From there, it's up to the Police Dept to do its work and the prosecutor to make a decision if charges should be filed. |
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Post by MsAli on May 6, 2019 20:03:00 GMT -5
It does say she went to get them by that date, but maybe there was a city off time?
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quartz
Cave Dweller 
breakin' rocks in the hot sun
Member since February 2010
Posts: 3,359
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Post by quartz on May 6, 2019 22:39:04 GMT -5
There is another possibility; we donated some stuff to a local "non-profit" and while setting the items on the receiving table one of the workers grabbed a few things and commented as to how "my sister" and "so-and so" would really like this. Insider scrounging cost her the job a short time later. I wouldn't think it at all unreasonable to see proof of where the items in question went.
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Post by toiv0 on May 6, 2019 22:56:38 GMT -5
My consignment agreement reads basically like that. I didn't understand if you made it on time or not. Pretty scary to have the police called.
Another thought is maybe evaluate what you are doing. You said you had 2 other cases going. Seems like you are too trusting and people are trying to take advantage of you. I have never filed against anyone or had anyone file against me. I live mostly with this saying an old friend of mine taught me "If they can live with it I can live without it"
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Post by vegasjames on May 7, 2019 1:11:09 GMT -5
When you signed the consignment contract did it specify that if you did not pick them up by the specified date that they would be donated? If yes then there is little you can do. If no then you have a strong case and could even file charges for theft and grand larceny, which can give you leverage to get your items back or at least the value. In this case you can also file in small claims and go after everyone involved, which they will likely give your items back just to avoid the hassle of Court. Theft or grand larceny? No, not grand larceny. While I don't know the statutory elements for Wisconsin, I doubt that the taking of property in this case would amount to anything "grand." Using California as an example, there's a pretty significant dollar threshold for the loss before becoming grand theft (felony), and that amount is $950 or more. For this discussion, I'm assuming that fernwood went to claim her property within the specified time frame. If I'm wrong, and she was late, then all bets are off. However, "theft" in and of itself may not be the issue. Embezzlement may be a consideration, which may be charged as a crime other than simple theft. Embezzlement is a different issue, as it could either be a misdemeanor or felony without dollar consideration. Again, I don't know WI statutes, but if I take everything that Beth has mentioned at face value - attempt to pick up property before a given forfeiture date, and that stuff is gone, it may be embezzlement. Embezzlement, in the general sense, is the taking (or conversion) of property that is entrusted to another. Depending on the locale, embezzlement may present itself as a higher level of crime than simple theft of property that would only be a misdemeanor. It will depend on WI statutes. That said, all hinges upon what fernwood did relative to her "drop dead" date. If she was late, then there is probably little recourse. If that one year drop dead date had actually not been reached and the property was gone, that's a different matter. It will be interesting to see what Beth has to say about her pick up date and when she got there. From there, we can give better info. ETA: And, FWIW, Beth can't file charges. She can only initiate a police report. From there, it's up to the Police Dept to do its work and the prosecutor to make a decision if charges should be filed. A couple of years ago grand larceny here was defined as taking property value of $250 or more. Just checked and they raised that to $650. Under that value is petit larceny.
As far as charges a person has the right to make a citizen's arrest if they are aware of a crime being committed, whether or not they are the victim. Again in this State an arrest on a misdemeanor within certain hours of the day and on felonies at any time of day. The DA can then determine whether to prosecute the charges.
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Post by fernwood on May 7, 2019 9:18:27 GMT -5
I had taken the items in to the consignment shop, a local not for profit.
After taking my 10 items there, I became employed. Could only drop off/swap out items for 4 hours on every other Friday, which conflicted with work schedule.
Then became partially disabled due to a work injury. Could not drive that far, due to medical restrictions.
Received payment for 2 items sold.
Received email that the remaining items had to be picked up by the closing time on 4/30/19.
Email also stated I had to notify them if I was renewing my membership 2 weeks prior to that, when it expired. Sent an email back stating I could not afford the membership renewal due to income limitations. I would be in to pick up remaining items.
Arrived there 5 hours prior to closing time.
Was told that I had been paid in full for everything I had there.
Was encouraged to renew my membership fee and bring more items. Told the manager that their times for drop off of items conflicted with my part time job.
Manager said she would look in the basement and get back to me with a couple weeks if she found my "junk". That is her pet term for anything that did not sell within a year. Also, since she does crocheting, knitting and sewing, anything that is not in that media does not appeal to her.
If I did not hear from her within a week, it meant that my items were sold and the money donated to their organization.
She thanked me for supporting the organization and reminded me all of the good it did for the community.
Even asked me to consider not being scheduled for work on the days/times (8 hours total per month) they accepted items. Suggested I expand my "crafts" and bring in some crocheted or knitted items. Even do some sewing. Offered to teach me how to crochet/knit/sew, lol. All things I have been doing for over 50 years.
It will be a week as of the end of today.
Oh, the other legal issues are breach of written contract and a work issue, so not related to this.
I appreciate all of the feedback I have received. Thank you.
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Don
Cave Dweller
He wants you too, Malachi.
Member since December 2009
Posts: 2,616
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Post by Don on May 7, 2019 12:25:49 GMT -5
I had taken the items in to the consignment shop, a local not for profit. After taking my 10 items there, I became employed. Could only drop off/swap out items for 4 hours on every other Friday, which conflicted with work schedule. Then became partially disabled due to a work injury. Could not drive that far, due to medical restrictions. Received payment for 2 items sold. Received email that the remaining items had to be picked up by the closing time on 4/30/19. Email also stated I had to notify them if I was renewing my membership 2 weeks prior to that, when it expired. Sent an email back stating I could not afford the membership renewal due to income limitations. I would be in to pick up remaining items. Arrived there 5 hours prior to closing time. Was told that I had been paid in full for everything I had there. Was encouraged to renew my membership fee and bring more items. Told the manager that their times for drop off of items conflicted with my part time job. Manager said she would look in the basement and get back to me with a couple weeks if she found my "junk". That is her pet term for anything that did not sell within a year. Also, since she does crocheting, knitting and sewing, anything that is not in that media does not appeal to her. If I did not hear from her within a week, it meant that my items were sold and the money donated to their organization. She thanked me for supporting the organization and reminded me all of the good it did for the community. Even asked me to consider not being scheduled for work on the days/times (8 hours total per month) they accepted items. Suggested I expand my "crafts" and bring in some crocheted or knitted items. Even do some sewing. Offered to teach me how to crochet/knit/sew, lol. All things I have been doing for over 50 years. It will be a week as of the end of today. Oh, the other legal issues are breach of written contract and a work issue, so not related to this. I appreciate all of the feedback I have received. Thank you. Sounds like an organization that is well versed in taking advantage of people and stealing from them. I would do everything I could to publicly shame them. The internet and social media is marvelous for this. Let as many people know about what happened to you as possible. Contact as many of the other artists with work in that store and let them know. Name names, name the store, name the city/state and the organization. Leave negative google reviews, Facebook page reviews, @ them on twitter. Post pictures of your stolen work on all social media too, be sure to tag them as STOLEN and by who. Letter to the editor in all local news media. Contact the local art/crafts clubs, organizations, etc and let them know all about it. Bingo night with the lions club? yep, let them know too. You know all those bulletin boards at your local public spaces and stores? keep a stack of flyers that describe what happened and pin them up on them. Going to chruch? yup, talk about it there too. Buying groceries? chat about it to the cashier. Basically, everyone you know, meet and have contact with, you should let them know about it. Poison the well for these people as much as possible. |
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Post by vegasjames on May 7, 2019 17:57:52 GMT -5
I had taken the items in to the consignment shop, a local not for profit. After taking my 10 items there, I became employed. Could only drop off/swap out items for 4 hours on every other Friday, which conflicted with work schedule. Then became partially disabled due to a work injury. Could not drive that far, due to medical restrictions. Received payment for 2 items sold. Received email that the remaining items had to be picked up by the closing time on 4/30/19. Email also stated I had to notify them if I was renewing my membership 2 weeks prior to that, when it expired. Sent an email back stating I could not afford the membership renewal due to income limitations. I would be in to pick up remaining items. Arrived there 5 hours prior to closing time. Was told that I had been paid in full for everything I had there. Was encouraged to renew my membership fee and bring more items. Told the manager that their times for drop off of items conflicted with my part time job. Manager said she would look in the basement and get back to me with a couple weeks if she found my "junk". That is her pet term for anything that did not sell within a year. Also, since she does crocheting, knitting and sewing, anything that is not in that media does not appeal to her. If I did not hear from her within a week, it meant that my items were sold and the money donated to their organization. She thanked me for supporting the organization and reminded me all of the good it did for the community. Even asked me to consider not being scheduled for work on the days/times (8 hours total per month) they accepted items. Suggested I expand my "crafts" and bring in some crocheted or knitted items. Even do some sewing. Offered to teach me how to crochet/knit/sew, lol. All things I have been doing for over 50 years. It will be a week as of the end of today. Oh, the other legal issues are breach of written contract and a work issue, so not related to this. I appreciate all of the feedback I have received. Thank you. The email could also be evidence against them if they did not give you reasonable notice to come pick up your items.
And I find it interesting that they are calling it "junk" because it supposedly did not sell while at the same time they are claiming if you did not hear back from them then the items were sold and the money donated to their organization. So the "unsold" items were sold and all the money given to their organization? What did they do, significantly overprice the items so they would not sell then when they could claim not sold they sold the items cheap to themselves or friends then kept the money?
Still all boils down to what your consignment contract states as to what they can or cannot do.
Another option is check with your local news stations. Several of our local news stations have consumer protection segments where they have volunteers that contact companies over consumer complaints to try to get things resolved. A lot of times just the thought of negative media and that their story ma end up on the nightly news is sufficient to get them to do the right thing.
There is also filing complaints on Yelp and with the BBB.
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Post by fernwood on May 9, 2019 6:29:52 GMT -5
Thanks for the input.
Their policy is that any items that are abandoned, ie not picked up by the required time, are considered donations.
They had a 30% mark up price, plus are required to charge sales tax.
So, an item I had priced at $50.00, was offered for $69.00. This covered their commission and local/state sales tax.
There is not really a contract, just guidelines on their policies. I do have a copy of the listing sheet (their terms), which lists all items I left there. This includes descriptions, item numbers and my seller number.
I just do not have it in me to take on a County not for profit, who has a great reputation.
The junk term is what the manager uses, especially for items that are not yarn or sewing items which do not sell. She is a disabled, long time crafter.
I did not hear back from her on Tuesday, so am guessing my items are in a box in their basement for their next "garage sale". Will be calling her when I recover from the flu and can talk on phone.
Total value of my items that did not sell, was about $200.00. This number was what I would have received.
In the past, I have purchased some items from their garage sales. The items were marked down about 50-75% from what they were offered for at the store.
This has been a valuable learning experience for me. I trusted the organization and was burned by them.
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It would concern me that if the local police thought she had dementia... what is she still doing working there? That company should be concerned about their reputation if they have an employee calling the police that frequently. She may even make a bigger mistake in the future. I feel sorry if she actually does have dementia, but she also needs to be responsible at work.
