Consignment shop won't return flute

[JaniceL]

Several years ago I left my flute with a repair shop in a music store; the repairwoman sold (and still sells) musical instruments on consignment. I only found out that her shop was no longer affiliated with the music store when I called there to ask about my flute. This woman now works out of her home. I have repeatedly called and e-mailed asking for my flute back but she will not respond. When I call I get her voicemail. I'd just show up at her home if it wasn't an hour away in a remote rural location; I suspect she would refuse to answer the door.

I realize that I'm an idiot for letting this go on so long, and yes, I've long since misplaced the consignment receipt. Can anyone tell me what my recourse is in a situation like this? Thank you!

Janice

[pied_piper]

Without the consignment receipt, your options are somewhat limited. If the receipt was from the repair tech rather than the music store, the store will probably not be any help. If you have the original sales receipt from when you bought the flute, you may be able to report it as stolen but you would have to consult with the police and clarify the circumstances. Beyond that, unless you have a witness who would be willing to testify in small claims court that s/he saw you consign the flute with the repair tech, you probably have very little recourse. You could consult with a lawyer, but unless it was an expensive flute that still has significant value, the lawyer route may cost you more than the flute is worth and you would likely still need proof of ownership for the lawyer to consider the case worthwhile.

[JaniceL]

Update: she finally replied to my latest e-mail: "I don't have your flute. Check the music store. I returned everything when I left."

So she's saying that she just left my flute at the shop when she stopped working there, without bothering to tell me that she'd even left. Who does that? And why couldn't she just respond to my phone calls years ago and say as much? The music store is closed on Sunday. Wish me luck as I contact them tomorrow and attempt to track down my flute.

[fluteguy18]

If it was with the store (on a store receipt) you technically consigned it to the store, and not the repairwoman. Either way however there's probably not a lot that you can do.