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Thinking of taking a former band member to small claims court.


chord123

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My old bandmate has my monitor at his house he claims it's his. It's mine I paid for it. I never sold it to him. I bought the monitor for $20 from some facebook person I met in the Gear For Sale Ads on facebook . I messaged Josh the seller of the several times on facebook about wantiing to buy his stage lights he had for sale.. At this time I did not know Josh the seller had a monitor for sale. I have a written record of our messages and communication on my facebook page..

 

Anyway I went to his house saw his stage lights. Not having any experience in buying stage lights I was not sure if this is what the band wanted. So Josh and I drove to my band members house. His name is Marty. We got in the car went to Martys house and the drove him back with Marty,Josh and me to Josh's house. I gave Josh $100 in cash for ( $80 for the stagelights and $20 for the monitor) . Why did I pay for it and not Marty? Because Marty had no money . Marty then said he will buy the monitor from me for $20 when he gets some money. Why does Marty never seem to have money? Because he goes thru money quickly and only gets paid the 3rd of each month. He gets Social Security disability income. Meanwhile I took the lights home and marty talked me into leaving the monitor at his house. Well its been there since.

 

On the few occassions I tried to get it back he said " I don't have it. Dale the bass player has it". I called the bass player and asked if he has the monitor he says he does not have it" So I told Marty I would call the police on him if he don't give me monitor back which I never did. But Marty my band member called the cops and complained of harrassement. The cop later called me that night he told me I am not to have any interaction with Marty or harassement charges could be filed against me. Anyway I just want the monitor back. Whats stopping me is it costs about $90 to open a small claims case. I understand if I win I should recover the $90 in court costs from the defendent Marty. . But what if I don't win I am out $90 in court costs and time. I understand I can call witnesses to back up my story. For a witness I would use Josh the man who sold me the monitor and stagelights Hopefully he will remember I paid him for the stagelights and monitor and not Marty.But I have no sales contract to show a sales transaction was made. But I have transcript to show the court I started the transaction on facebook. and ended it with Josh and Marty being present when I handed him $100.

 

After that Marty and I packed the stage lights and monitor in my trunk. I left the monitor at Martys cause he said he will buy it from me when he gets the money. He wants to keep it in the family. His word does not mean **************** This man man told me so many lies about me being the fourth member of his band.

 

What are my chances of winning? Is this even worth bothering with? Does anybody have small claims experience similar to this? What do you think? The man is undergoing chemo for cancer so I might win by default if he don't show up for court. I am hoping my witness and facebook messages and the fact Marty never has money unless its on Social Security pay day proof enough.

 

Anyway to get a furthur understanding read my post "Forced out of a Band" I Somebody suggested go after him when he is dead. I did that to one musician the court said I could not get money out of a dead man.

 

Martys band is playing at a bar Saturday night I wonder if its ok to see them play really going for the two groupies that follow his band around. It does not seem fair they can tell me where I can go its a public place I am not visiting his private residence. Would there be trouble if I showed up at the bar this weekend?

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It's just that he was taking advantage of me and lying. He only cares about his stupid band . He does not give a f.... for me. He needs to be shown he can't get away with taking advantage of people. I am not a vindictive guy but this guy really just wants a free piece of equipment.He called the cops on me. So I am mad at him still.

 

Thanks for the offer. But it is more about justice being served and he getting what he deserves a nice lawsuit in the small claims court. I don't want to drag you into this.

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I am thinking of posting on my facebook page>"

 

Thief stole my $20 monitor want it back please report to the police if anyone comes across it." Marty a facebook friend will see it. He will laugh a little and if he feels any remourse he might return my $20 monitor to me.

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He is not going give the monitor back if I ask for it. Marty said in the email below he will pay me $20 for the monitor only on the condition I sell the stage lights to the band which I don't want to do. Got a great deal on stage lights so he just trying to take advantage of me again and get a great deal on the stage lights for his band. StratGuy he may not even want to make that deal anymore . His word does not means sh...t . He says he paid for the monitor already and would pay again if I sell the stage lights to his band. .

 

Check his email down below from Feburary. This email was written before he called the police on me. In the email he forbids me have contact with any of his band members. This guy has a felon on his record. He used to brag to me he would carry loaded gun to the bar and get in fights. He even shot a guy. His lawyer got him off on the charge.. This 60 year old man who walks with a cane and has cancer is not the friendly type I think he is a stubborn righteous old fool passing himself as a Christian on his facebook page.. I am afraid to have contact with him because he will call the pollice again.

 

From Marty the 60 year old singer

"i love you brian the and i shall forever be your friend if you wish! we had great tymes together and still can,but i made it clear long ago i needed a lead and a singer to help me out,you sing well, as well as play, but you admitted you have trouble playing and singing that is breaking my heart! we spent much together and i enloyed that! but you cant fill the singing and playing so i have hired frank and deano tober for the tyme bossman.i paid you fer the monitor and want to buy the lights wich you know got a wonderful deal! you said i owe you for this as you say i owed you other money,eric from r place told me and i know its a truth,you went and got the light pole and there are only two lights that work! you keep the pole or leave it on my porch my friend,and i will pay you for the monitor i already paid you for! if you to sell the lights i picked ,and got one good deal, i shall purchase them as wel! my moyhers funeral is Wednesday, and i am devasted, as im sure you would be! so on the 3 march of march we can make this traction! i hope and pray we may still be friends! but should you care not to,keep the pole and keep whatever you have my friend and i will keep the monitor,that i paid for,so be it! im at a bad spot with my moms passing not to mention the cancer bossman! if you are truly my friend as i am yours, this wiil pass! the choice is yours will say note,you needn't call dale, or any one else in this band! besides you told me you have band so i guess you should enjoy your success! i love you brian! and wish you well! your friend in"

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I will let the small claims suit go.

 

I still don't know if I am cool showing up at one of their gigs I suppose if I don't talk to him I might me ok. What do you think? I have just as much right to be in a Public Place like a bar as him. No cop can't tell me not to show up in a public place.

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I will let the small claims suit go.

I still don't know if I am cool showing up at one of their gigs I suppose if I don't talk to him I might me ok. What do you think? I have just as much right to be in a Public Place like a bar as him. No cop can't tell me not to show up in a public place.

 

Letting it go is a wiser decision, IMHO. You've already expended far too much brain energy on this deadbeat. He ain't worth it. I wouldn't even show up at one of his gigs. Why increase the turnout?

 

As the old saying goes,

 

"The only remedy against a cheat at golf is not to play with him again."

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Dude ... you posted the initial installment of this saga in your initial post titled "Forced out of a band" back on February 8th. This post is dated March 27th. That's 47 days of butthurt ... and over what? A singer who pretty clearly treated you like crap all along and a $20 monitor? Anybody and everybody who's read any of this realizes that this is wrong on so many levels. People do "un-nice" stuff to people all the time ... it happens to everybody every now and then.

 

Most of us facing a similar situation would have been happy that the singer showed us true stripes as early as he did - making it easy for us to run not walk from the situation with the only real cost being a $20 monitor.

 

Instead - you're talking about debating a confrontation in public place ... and noodling what law enforcement can and can't do about it.

 

If you can't put this in your rear view mirror and move on ... seriously, friend ... get help.

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Dude ... you posted the initial installment of this saga in your initial post titled "Forced out of a band" back on February 8th. This post is dated March 27th. That's 47 days of butthurt ... and over what? A singer who pretty clearly treated you like crap all along and a $20 monitor? Anybody and everybody who's read any of this realizes that this is wrong on so many levels. People do "un-nice" stuff to people all the time ... it happens to everybody every now and then.

 

Most of us facing a similar situation would have been happy that the singer showed us true stripes as early as he did - making it easy for us to run not walk from the situation with the only real cost being a $20 monitor.

 

Instead - you're talking about debating a confrontation in public place ... and noodling what law enforcement can and can't do about it.

 

If you can't put this in your rear view mirror and move on ... seriously, friend ... get help.

 

OP. I saw this thread yesterday but couldn't respond. This is pretty much what I would have posted had SpaceNorman not beat me to it. You got involved with a bunch of numb-nuts. Think of it as a $20 education in dealing with strangers and move on.

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It's worth pointing out that a bar is not a public place, and you have no right to be there. The owner of the establishment and his delegates can ask you to leave at any time and for any reason.

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If the judge doesn't like you (for ANY reason), he could say you left equipment at someone elses house beyond 30 days. At that point, the equipment is theirs. Chalk it up to another life lesson. It's twenty bucks, let it go and never talk to this guy again, he's a loser and he's only bringing you down. It's worth the $20 to rid your life of this guy. I once let a club groupie borrow $5 (may have been $20, either way the same) from me knowing I wouldn't get it back but ya know what? She never showed up again, because she KNEW I was ALWAYS there. It was worth the little bit to have her quit harassing everyone there every week.

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Chord123-

 

Much like the others have said here- it's a colossal waste of your time and money, and you really only have a 50-50 chance of winning. I get it that you want to make things "right" in your world, but people like your Marty exist, leech, lie, and deny. It does strike me funny that someone can be on disability yet still actively play in a band.. surely they can sit their ass in a chair and type at a job.. but that's a whole other rant.

 

So he's your typical pile of crap loser who borrows crap and doesn't return it- the world is full of these people and you might as well just walk away. The best thing you can take from this is the life lessons about leaving stuff at peoples houses, how losers will take advantage of you, etc.. I see at least 5 or 6 life lessons here you can learn from and not make the same mistakes later in life.

 

Marty will pay his dues in time, call it karma, or whatever, but he's really not worth your time or energy, and by refusing to let it go, you only demonstrate that you aren't learning life lessons, but refusing to 'lose'. Take out the personal side of the equation and treat him like a bad business deal, and don't do business anymore. When his name comes up in social or music circles, you are free to destroy his reputation at will - so long as you keep it impersonal and short, people will listen. If you go on a 20 minute personal attack, people will tune out. This is simply psychology 101 and how to make people like you.

 

I hope you can find the clarity to let it go and move on. There's many more monitors in your life if you want them.

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