Introduction to Estate Sale Fraud
Estate sale fraud is a growing concern that has affected multiple families over the past three years. Kim Hervey, a victim of estate sale fraud, recalls her experience with a sense of sadness and anger. She entrusted an estate sale company to sell her family’s precious belongings, including sterling silver, antique glassware, and cherished furniture from her childhood. Two years later, she is still waiting for payment of more than $2,000. The greater loss, however, is the irreplaceable memories these items held.
The Emotional Toll of Estate Sale Fraud
Hervey’s case is not an isolated incident. Amy Sharp, another victim, lost $5,000 trying to sell her late father’s belongings. She shares the emotional toll of the experience, saying, "My last thing that I’m supposed to be doing for my dad I couldn’t do, because this woman has taken our money." The emotional toll of estate sale fraud can be devastating, leaving victims feeling angry, sad, and helpless.
consumer Alert: Beware of Estate Sale Companies
Leah Napolliello from the Better Business Bureau of Greater Houston warns, "You have to be extremely careful with estate sale companies. They’re dealing with your family heirlooms, which are very precious to people." The risk is heightened in Texas, where estate sale companies operate without licensing or regulation. It is essential to research the company’s history and background thoroughly before hiring them.
Protecting Your Family’s Legacy
To protect your family’s legacy, the Better Business Bureau recommends the following:
- Research the company’s history and background thoroughly
- Check BBB ratings and customer complaints for that company at bbb.org
- Search online for reviews and discussions about the business and owner
- Review the company’s rating from the BBB
Legal Recourse for Victims of Estate Sale Fraud
For victims of estate sale fraud, commercial-collections-attorney Marc Ellison outlines three paths to recovery:
- File a lawsuit in small claims court
- Apply for a writ of execution in Justice of the Peace court
- Pursue a post-judgment writ of garnishment to freeze the defendant’s bank accounts and force the estate sale company to pay you what you’re owed
Conclusion
Estate sale fraud is a serious concern that can have devastating emotional and financial consequences. It is essential to be cautious when dealing with estate sale companies and to research their history and background thoroughly. By taking the necessary precautions and knowing the legal recourse available, you can protect your family’s legacy and avoid becoming a victim of estate sale fraud. Remember, your family heirlooms are precious, and it is crucial to treat them with care and respect.
