dicey comic dealers 1 1

[Bookery]

The owner of the shop could probably be in a lot of trouble.  Certain types of "abandoned property" has to be reported to the state (North Carolina is no exception).  There is also something called a "writ of possession" that landlords must obtain to sell off property left behind by tenants that have skipped out on rent.  There are other rules about how storage lockers must deal with their abandoned property.  In both of these cases, the landlord is owed money, and there are ways they can legally sell off property to recoup their losses.  But you can't just do it... there are regulations.  In the case of the comic shop, there isn't any money owed them, so they have even less of a case for selling off the property.  I'm pretty sure they can't just make up their own terms about how long it takes to become "theirs".  

[shadroch]

I have stuff out at a number of consignment/ thrift shops in the Vegas Valley.

All of them have terms that go something like this- shop gets 30% for a sale in first sixty days, fifty percent next sixty days, eighty percent for the sixty days after that. After six months, consigned goods becomes property of store.

It's the consigners responsibility to keep track. I rotate stuff between stores every two months. I had one argument over a sale I was charged 50% on when I thought it was 30%, but it was a $5 purchase that sold for $75 and the shop had sold a bunch of stuff for me.

I've signed receipts with such terms.

Edited September 3, 2017 by shadroch

[DavidTheDavid]

I've been in the store once. Wasn't impressed and won't go back if this is true.

[sorb3t]

Maybe if your friend has any pictures of any of the important books while in his possession, or can get a signed statement from the person he bought any of the comics from? A long shot but anything to have some evidence in his favor...

[Tony S]

I'll assume your friend has some resources since he's a physician.  Hire a lawyer.  Chances are the comic shop can't afford a legal battle to try to keep property that doesn't belong to them.  There are all sorts of things a lawyer could do that would make just giving the books - or at least the best books - back the easiest thing to do.  Haul them in for a deposition. Subpoena an inventory of the books, when and for what any were sold, those still in their possession.  Ask for a copy of the written policy that says "they are mine after xxx months."  Make them jump through hoops -and the first time the don't jump haul them in for contempt.  If they hire a lawyer, now they are spending money and the lawyer is just going to advise they reach some settlement rather than spend more money on legal fees than the comics are worth. if they don't hire a lawyer a good lawyer ought to be able to work them over easily. 

It won't be free, but it'd be worth it. 

Edited September 9, 2017 by Tony S

[Tri-Color Brian]

Sounds like a job for the Equalizer...

[AdamAnt]

Unfortunately your friend probably doesn't have much recourse.  Since he's the one making the accusation, the onus is going to be on him to prove his assertion.  From what's been said here, he dropped off raw comics and left without a receipt.  That means he has no proof he ever left the books with them.  Worse, he has no proof of which books were left with them, their condition, or any agreements made.  Without this information, he first must prove that books in their possession, or that they've sold, actually belonged to him.  

Given the books were raw, there is nothing unique to identify them (unless someone wrote their name on it), which means the only way he can prove ownership is to provide intimate knowledge of the books that can't be gained from looking at them in a display case (e.g. a small stain near the spine on page 9).  He would have to provide such knowledge for every book he left with them, and anything that he can't (or has no such unique marks) will be unrecoverable as there is no way to prove the book is even the one in question.

For books were he can provide such knowledge and details, those can be used to try and prove the books were his property, but that's probably going to require a court battle itself.  He's going to have to convince a court that the books were his, and that his version of events is accurate.  The shop can claim he handed them the books and said he was cleaning out his garage and didn't want them anymore.  Your friend really has no way of proving their version is less valid than his own, especially given the lack of a receipt, so the most likely outcome is that the shop will get to keep the books unless the court finds some objective reason to believe the shop owners are untrustworthy.

The best hope of a positive outcome for your friend is going to require an attorney.  An attorney can apply pressure by burying them in filings they must respond to, which for most people means the expense of hiring an attorney of their own.  Then your attorney requests that the books be held in the court's possession during the dispute (to prevent alteration, sale or destruction of evidence).  Now the books can't be profited from, and they are paying attorney/court fees.  The idea is to make it clear that it will be more expensive to keep the books than to give them back.  The best possible outcome is likely to be your friend gets back the most valuable comics the store still has, but the store doesn't have to admit any guilt.

The real downside to all of this is that your friend doesn't really have anything to prove a crime has been committed.  Even if he can prove the comics are his, he can't prove the shop obtained them through illegal means (based on what's been said here), so the most the police can do is file a report and take a statement.  This is still an important thing to do, and will be asked about if he ever has to go to court, but without more proof (e.g. receipt, signed agreement, etc.) that's about as far as things will go.  It's just his word against theirs.

Edited September 9, 2017 by AdamAnt

[kav]

Saul Goodman would figger a way to get the books back.  Slippin Jimmy or something.

[alexgross.com]

 

 

just got an email from a boardie about this same "dealer." thought i'd share it here as another warning not to deal with this slimeball named richard davis, in knoxville tennessee. 

 

"Just saw your post on CGC September 1st 2017. I bought comics raw high value from Richard Davis in knoxvllle and he said he sent to Cgc he is very shady and haven’t seen the comics.  Your friends comics weren’t Tmnt #1 first print or Tmnt #2, 3, 4,  I know this has been awhile ago but I paid almost 7000 for those and still haven’t received but only 1 it just makes me wonder."

[goodrockrich]

On 9/1/2017 at 7:18 PM, www.alexgross.com said:

On 9/1/2017 at 4:45 PM, sd2416 said:

how many books did he leave with them to not go back within 6 months?

there were hundreds of books. probably only a handful were really valuable, but there was a hulk181 and a higher grade xmen 1. 

Any self respecting dealer who deals in CGC book on a regular basis can go though a few hundred 80's book and pull the CGC worthy book in no time.  I do it all the time.  The keys are obvious.

[webheadrod01]

 

YES!!! I KNOW RICHARD DAVIS I am fileing a lawsuit against him. I took 103 Comics to his comic book store Nirvana comics in Knoxville Tennessee and left them there to be shipped off to CGC to be graded I PAID HIM MONEY UP FRONT!!!...it is now 17 months later half my order was screwed up none of the books were pressed and I'm still missing 3 from the order... he has recently sent me what I believe to be falsified CGC submission/packing forms. To prove to me he submitted them properly. I'm having CGC look into this, if they tell me that these books were never submitted for the proper label I'm bringing him up on felony charges!!!

Edited February 7, 2021 by webheadrod01

[Calamerica]

On 9/9/2017 at 12:38 PM, Tri-ColorBrian said:

Sounds like a job for the Equalizer...