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real life situation where I need police advice....

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  • real life situation where I need police advice....

    Hello,

    Here is the situation which I will explain accurately without changing anything into my favor. I need your opinions here, according to the law.

    I am a musician and over a year and a half ago a band that I was a part of broke up. We were working musicians playing covers. The band ended and parted ways in March of 2007.

    The lead singer in the band furnished the PA system with all the mics stands speakers etc. The rehearsals always took place in my garage, and when the band broke up two microphones were left there. The lead singer who I believed owned all the equipment pretty much left the state and had gotten divorced and was quite difficult to contact.

    I tried multiple time to contact him and tell him that I have his microphones at my house. I tried email, voicemail, texting, myspace, all to know avail. I know other people who talked to him. I know his numbers didnt change. He just didnt return my calls or seem interested at all. So I gave up trying to contact him.

    Fast forward today. A music store, where I know every employee, contacted me and tells me that they heard that I was planning on returning the mics to them because they were not paid for and they needed to close his account.

    I do not feel like I should have to return these mics to this store. I know these people quite well and IMO they will just write off the price of the mics anyway and throw them in a box somewhere. They can not be sold as new and they can not be returned to the manufacturer. In the end they will never benefit anyone if they are returned.

    I on the other hand actually use them for myself. If they would have asked me a year and a half ago for them, I would have returned them no questions asked. I have a good moral compass and would not want to be labeled a thief.

    I replied to the email by saying that, the mics have been mine for 1.5 years and no one ever tried to get them. I said possession is 9/10ths of the law and I would be keeping them.

    here is his reply after I said that:



    Wes-

    Here's the deal... the mics have NOT been paid for. We made a deal with Easy to make payments on the mics until they were paid off. He didn't hold up his end of the deal so we need the microphones back as soon as possible. This is a big deal to the store- that is why I'm contacting you now about it. We've tried to get the money from Easy countless times to no avail. Our last resort is to get the goods back in our possession where they belong. You can either cooperate with us and return them to the rightful owner, or you can explain the situation to the authorities when they arrive at your door.

    Thank you
    Bryan




    I would like to know if there is any chance that I could get into any legal trouble over this. As far as I am concerned, they have no arrangement with me, nor do I have any contract for repayment. If they want to recoup their money they need to pursue legal action against the former singer "easy".

    Please share your opinions
    I appreciate it

    sorry for the length of this letter but it was important to get all the facts straight here.
    I'm the law in these here parts.
    You'd best be leavin' town mister.

  • #2
    While I see your point ( to a degree) the fact is "Easy" didn't comply with his end of the bargain, essentially stealiing the microphones, which are in your posession. I could easily see the store,reporting them as stolen (by Easy), knowing where they are and you having posession of them aka being in posession of stolen property and refusing to return them.
    Do yourself a favor --return them and write the whole thing off as a good deal gone REAL bad.....

    Comment


    • #3
      Why not ask how much the store would take for them?
      “We don't disagree, you are wrong. Until you have a clue what you are talking about we can't disagree.” - cgh6366

      Comment


      • #4
        does the fact that no one has asked about anything in over a year mean anything to anyone?

        Wouldn't the first legal recourse be to sue the person whom they have the contract with?

        It makes me sick to my stomach to think of giving these things back to that store. If it was a store where I wasn't connected then I would give them back.

        I hate the thought of giving in. I think I would rather rid myself of stolen property another way than to give them back.


        i would appreciate a few more opinions please
        I'm the law in these here parts.
        You'd best be leavin' town mister.

        Comment


        • #5
          They made a deal with him so therefore, this whole issue sounds like one big civil matter to me and not a criminal matter. Let 'em file in small claims court to get the items back.
          Moooooooooooo, I'm a goat

          Comment


          • #6
            Originally posted by WesleyMoore View Post
            does the fact that no one has asked about anything in over a year mean anything to anyone?
            According to your post, they said they HAD asked about them to Easy or whatever his name was.

            Do you really want something that isn't yours? That you didn't pay for? When you know who they really belong to?
            “We don't disagree, you are wrong. Until you have a clue what you are talking about we can't disagree.” - cgh6366

            Comment


            • #7
              i sent an email and offered to pay 50 a peice for the mics

              they are 130 new

              and said that if they dont want to do that then they can come to my house and get them. no reason to spend gas to go to the store and make it easy for them
              I'm the law in these here parts.
              You'd best be leavin' town mister.

              Comment


              • #8
                Originally posted by nuthead View Post
                According to your post, they said they HAD asked about them to Easy or whatever his name was.

                Do you really want something that isn't yours? That you didn't pay for? When you know who they really belong to?

                no one mentioned to me and I had no idea whatsoever that they werent fully paid for my easy until today. I assumed that he just abandoned them to me
                I'm the law in these here parts.
                You'd best be leavin' town mister.

                Comment


                • #9
                  Originally posted by WesleyMoore View Post
                  no one mentioned to me and I had no idea whatsoever that they werent fully paid for my easy until today. I assumed that he just abandoned them to me
                  But you know now.

                  Reverse the situation - you loaned a guitar to a friend who was making payments, he stopped making payments and has been unresponsive to you. Would you still think it's your guitar or the guy who's house the guitar is at?
                  “We don't disagree, you are wrong. Until you have a clue what you are talking about we can't disagree.” - cgh6366

                  Comment


                  • #10
                    See how much they'll take them back for as is, since they were never purchased by you in the first place. To me, sounds like he gave them to you as a gift. I'd wait till they send you certified mail stating they're gonna sue you over them (which I doubt they do). This whole things gonna be a civil matter between the original owner, you-since you have them, and the store! An idea, don't go back to the store.............?????

                    Comment


                    • #11
                      I would have held true to my positions a bit more
                      but I do not want anything to ever come up as a flag in any police testing or interviews. So I am returning everything to the store to ensure that I do the right thing and it could never come back to bite me in the rear end.

                      Thanks for your advice everyone and please have a great 4th of july
                      I'm the law in these here parts.
                      You'd best be leavin' town mister.

                      Comment


                      • #12
                        Did you check with "Easy" what his version of the situation was before disposing of what you once believed was entirely his property? When you found out that the property was possibly encumbered by a credit lien, did you ask the claimant (the store) to see the contract and associated correspondence history? I think you're probably on safe ground giving it to the store; it's not irreplaceable if "Easy" comes back and demands it.

                        Comment


                        • #13
                          Make an extra effort to contact your friend and get his version before you do anything,

                          1. This is a civil matter, not a criminal one. The store can call the police but they are unlikely to get involved.

                          2. When your friend left the microphones with you, it would appear that he said nothing to indicate that they belonged to anyone but him or that he owed money on them to a third party.

                          3. No matter how you rationalize it, the microphones do not belong to you. As far as you are concerned, they still belong to your friend and your obligation to him (up to a point) is to safeguard his property..

                          4. You have made repeated requests of your friend to pick up the microphones, which he has ignored for an unreasonable length of time. As a result, it would appear he has abandoned them and may owe you storage fees.

                          If it were me, I would think about telling the store that I had a lien on the microphones for unpaid storage. If they could show me satisfactory written proof that my friend had defaulted on his purchase of the microphones from the store (written contract, model & serial numbers, payment records, notices of late payment, etc.), gave me a hold harmless agreement and they were willing to pay my storage fees, I would then return their microphones. Otherwise, anyone could claim the microphones were theirs and take them, only to have my friend come back six months later, deny it and expect me to pay to replace them.
                          Going too far is half the pleasure of not getting anywhere

                          Comment


                          • #14
                            +1

                            a business doesn't get to report items as 'stolen' because they haven't been fully paid for. Easy owes the debt, easy's credit takes the judgement if the store chooses to sue and wins or gets a default judgement.

                            You're safeguarding the microphones and neither possessing stolen property, nor financially responsible to settle the contract that Easy made.

                            Comment


                            • #15
                              I agree with Monty. I would tell the store "Show me proof that the mics belong to you or show me a written record of the 'deal' that was made and I will show you the mics."
                              What Is A Veteran?
                              A 'Veteran,' whether active duty, discharged, retired, or reserve is 'someone who, at one point in his life, wrote a blank check made payable to 'The United States of America,' for an amount of 'up to and including his life.' That is honor, and there are way too many people in this country today who no longer understand that fact.

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