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How long until someone else's stuff legally becomes mine?


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I had this drummer come over to my house and jam about 6 months ago and he left his drums. Well he kinda sucked ass and I never had him back..But I keep trying to get a hold of him and he keeps saying that he is going to get them but then never shows..Well now he doesn't even respond to calls/texts. It's getting to be a pain in the ass because I really don't have room for them. How long do I have before I can just say the hell with it and get rid of them?

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Lolz, I don't know but the same shit happened at my band's rehearsal cabin. Dude brings over a drumset to jam with us literally like 2 years ago and then hauls ass to the military, leaving all that shit behind. We totally gutted the heads and whatnot lol, but its still sitting in pieces collecting dust

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30 days , BUT , be the stand up guy here. I know its a pain , but getting rid of his drums would be a dickhead move imo. Karma man. Do a good thing and you will be rewarded in one way or another. Tear them down and stack them in a corner so nobody is beating on them.

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I had this drummer come over to my house and jam about 6 months ago and he left his drums. Well he kinda sucked ass and I never had him back..But I keep trying to get a hold of him and he keeps saying that he is going to get them but then never shows..Well now he doesn't even respond to calls/texts. It's getting to be a pain in the ass because I really don't have room for them. How long do I have before I can just say the hell with it and get rid of them?

 

 

Text him and leave him a voice message telling him he's got two weeks to get his shit, or it's going to the curb.

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Same situation we ran into in another band I was in. Drummer left his gear. We called and couldn't get in touch with him. He moved from that address. So we took a stab at locating other family members. Found out he was in rehab. We made arrangements to deliver the gear to his parents place.

 

I felt better we did that since the other guys wanted to pawn it and buy some beer/weed. Ironic the same shit the dude was in rehab for was the very things the other guys wanted to buy selling his gear. :facepalm:

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30 days , BUT , be the stand up guy here. I know its a pain , but getting rid of his drums would be a dickhead move imo. Karma man. Do a good thing and you will be rewarded in one way or another. Sell them and send him half the cash.

 

Fixed!

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The drummer I jam with jammed with a guy from his work once. Guy brought his Silverface Bassman and Carvin 4x12 over to our jam space. 4 1/2 years later, it's still there and the guy is MIA. We just keep it around in case one of our amps goes south so we can still jam :lol:

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The drums are not "yours" because you are only a bailee of the property. Without going too far in depth, you voluntarily accepted possession of the drums for an indefinite term. This is the classic definition of a legal "bailment." Under a voluntary bailment, you (as bailee) may be held liable for intentional or grossly negligent acts concerning the drums. This means that you are not entitled to sell the drums, as a sale would be intentional.

 

Further, the drums are not abandoned. Abandonment is a legal term of art where a property owner 1) intentionally leaves property and 2) does not intend to reclaim it. You don't have a statutory right to dispose of the property, and don't be misled by the folks that say 30 days. You typically only have a timeline for disposal if you and your drummer agreed to one (i.e., a contract). Based on your original post, it looks like your drummer intends to reclaim the drums, even if he is lazy about it. This means that you still have a legal obligation to care for the drums.

 

Bottom line, if you sell the drums, your drummer could sue you in small claims court for the proceeds. I'd suggest you track this guy down and give the drums back. If it is a total pain in the ass to do it, charge the guy for delivery.

 

Source: I play a lawyer on tv.

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The drums are not "yours" because you are only a bailee of the property. Without going too far in depth, you voluntarily accepted possession of the drums for an indefinite term. This is the classic definition of a legal "bailment." Under a voluntary bailment, you (as bailee) may be held liable for intentional or grossly negligent acts concerning the drums. This means that you are not entitled to sell the drums, as a sale would be intentional.


Further, the drums are not abandoned. Abandonment is a legal term of art where a property owner 1) intentionally leaves property and 2) does not intend to reclaim it. You don't have a statutory right to dispose of the property, and don't be misled by the folks that say 30 days. You typically only have a timeline for disposal if you and your drummer agreed to one (i.e., a contract). Based on your original post, it looks like your drummer intends to reclaim the drums, even if he is lazy about it. This means that you still have a legal obligation to care for the drums.


Bottom line, if you sell the drums, your drummer could sue you in small claims court for the proceeds. I'd suggest you track this guy down and give the drums back. If it is a total pain in the ass to do it, charge the guy for delivery.


Source: I play a lawyer on tv.

 

So under no circumstances do the drums become yours? I was always under the impression for some reason that if you had something in your possession for two years you would become the rightful owner. I'm not sure where/ how I heard that, but that's what I always thought. I got in an argument with a friend of mine because he left some of his PA speaker stands at my house for almost 6 years. I told him if I wanted to be a dick I didn't have to give them back to him and he got upset about it. Was I just completely wrong in saying that?

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