Jump to content

A Legal Question, or - Is posession 9/10 of the Law?


Phantasm

Recommended Posts

  • Members

Ok, a friend called tonight asking for advice on this one, and I thought I'd present it to the forum since I'm sure someone has been in this spot before.

 

My friend's band had a bass player that recently quit the band. Prior to him leaving the band, they had loaned him some money to buy a bass with the understanding that he needed to pay it back.

 

Since he didn't repay his debt, they told him that they were going to hang on to his cabinet (which I sold him at a great discount) and his amp head until he could come up with the money.

 

Several months have passed and he can't come up with the money, so he called today to tell them that he wasn't going to pay them and that he was coming with the police to get his stuff back if they wouldn't give it to him.

 

So, in this situation, what would you do?

 

Discuss.

Link to comment
Share on other sites

  • Members

1: Possession isn't 9/10'ths of the law - title is. IE, if someone stole one of my Rics that I have photo'd and documented up the wazoo, I can collect them even if I find them 10 years later and they've been sold three times. The ownership of them was never transferred to any of the subsequent sellers. The buyers would be SOL.

2: Here it doesn't matter because nothing is in writing. He may come back with the police and it'll be a my-word-against-yours thing unless he can prove the cab is his.

3: Any money loaned without paper to back it up is money lost.

Link to comment
Share on other sites

  • Members

 

1: Possession isn't 9/10'ths of the law - title is.

2: Here it doesn't matter because nothing is in writing. He may come back with the police and it'll be a my-word-against-yours thing unless he can prove the cab is his.

3: Any money loaned without paper to back it up is money lost.

 

 

Essentially this is what I told them.

 

The cab was sold to him by me, and there was no bill of sale. There was also no bill of sale when I bought it, for that matter, so I guess legally it belongs to my friend Johnny that I bought it from! I think they could recoup their money by selling just the cab, so I told them to hang on to that and return the amp (which was purchased by this guy and he probably has the receipt somewhere.)

 

I just didn't want to give them that advice and have them be arrested, so if anyone else has further commentary, it's appreciated.

Link to comment
Share on other sites

  • Members

Did they get the agreement in writing that he would pay back the money?

Can they prove that the lent the money to him in the first place?

 

If the Bassplayer can provide purchase receipts for the amp and cab, there's no way the band will be able to hang onto them without first gaining some form of legal intervention order to do so such as a lien or caveat.

 

The band has the option to sue the bassplayer for the money lent if they can prove it is an outstanding debt. From there they can take enforcement proceedings once judgement is granted. This may include and order for the goods to be repossessed and auctioned to levey the debt.

Link to comment
Share on other sites

  • Members

 

Essentially this is what I told them.


The cab was sold to him by me, and there was no bill of sale. There was also no bill of sale when I bought it, for that matter, so I guess legally it belongs to my friend Johnny that I bought it from! I think they could recoup their money by selling just the cab, so I told them to hang on to that and return the amp (which was purchased by this guy and he probably has the receipt somewhere.)


I just didn't want to give them that advice and have them be arrested, so if anyone else has further commentary, it's appreciated.

 

 

As long as you were willing to provide a receipt for whatever consideration was made for the purchase, this would be sufficient for him to claim ownership of the cab.

Link to comment
Share on other sites

  • Members

That phrase is no more true than "An Apple a Day keeps the Doctor away"...

 

It's also quite a bit older than the American legal system. It's a statement regarding the practicalities of power, not an actual legal precept.

 

The stuff is his, preventing him from giving it back is illegal. Unless he gave the items to them as collateral, they cannot keep it from him.

Link to comment
Share on other sites

  • Members

Not a damn thing they can do. He shows up with the police and the police ensure that he gets his equipment. I've seen it happen. They lost their money. period :mad:

of course, they could always just find this dude out back, and take the money out of his ass :evil:

 

Ok, a friend called tonight asking for advice on this one, and I thought I'd present it to the forum since I'm sure someone has been in this spot before.


My friend's band had a bass player that recently quit the band. Prior to him leaving the band, they had loaned him some money to buy a bass with the understanding that he needed to pay it back.


Since he didn't repay his debt, they told him that they were going to hang on to his cabinet (which I sold him at a great discount) and his amp head until he could come up with the money.


Several months have passed and he can't come up with the money, so he called today to tell them that he wasn't going to pay them and that he was coming with the police to get his stuff back if they wouldn't give it to him.


So, in this situation, what would you do?


Discuss.

Link to comment
Share on other sites

  • Members

establish what you sold him and if there was a verbal contract..which is just as legal as a written one

a conditional sale has to have all the conditions met before the goods..chattels ..can be established in ownership..

you can sell something to someone and its not theirs in law by conditional agreement..a sort of lease lend agreement

and

the goods have to be legally owned by the seller...hence we get fencing...stolen goods arent the property of anyone except the original owner..so a sale on those dont come within commercial regimes

 

you will have to own up and say the stack wasnt yours to sell...its a match point here and tie breaker

 

a reciept needs to be produced

Link to comment
Share on other sites

  • Members

First, "dispose" of "stack".

 

 

Then...

 

 

"What stack? Dude, you never left a stack here. Officers, we honestly have no idea what he's talking about. He's probably just trying to jack some more of our equipment. Let him come in here and see if he can prove ownership over any of the equipment in the house. When he isn't able to, can you kindly escort him off our property please? Thanks."

 

....or....

 

leave stack by "accidentally unlocked" window or door, be "away/asleep" while "chance break-in" occurs. Theifs happen to take only previously mentioned musical equipment. Refuse to file insurance claim citing that it is not your equipment, and should the owner not have wished to risk having equipment stolen, he shouldn't have left it behind.

Link to comment
Share on other sites

  • Members

 

First, "dispose" of "stack".



Then...



"What stack? Dude, you never left a stack here. Officers, we honestly have no idea what he's talking about. He's probably just trying to jack some more of our equipment. Let him come in here and see if he can prove ownership over any of the equipment in the house. When he isn't able to, can you kindly escort him off our property please? Thanks."

 

 

as underhanded as it is.. i agree whole heartedly

Link to comment
Share on other sites

  • Members

Since you sold the cab to him, you will probably be called (if it actually gets that far). Since you also know that the other guy lent him money and is holding the cab as collateral, you will probably be called.

 

Honestly, I don't see the police much interested in this. Too many open ends. In fact, how can he prove that it is actually his cab?

Link to comment
Share on other sites

  • Members

 

Since you sold the cab to him, you will probably be called (if it actually gets that far). Since you also know that the other guy lent him money and is holding the cab as collateral, you will probably be called.


Honestly, I don't see the police much interested in this. Too many open ends. In fact, how can he prove that it is actually his cab?

 

 

That's what I'm saying... I never gave him a receipt and he paid in cash. How can he claim ownership of anything, push come to shove.

 

I also suggested moving the goods from one location to an undisclosed one. He can go to the practice room with the police, and when the gear isn't there and they say "i have no idea what gear you're talking about," the police will lose what little interest they have in helping him.

Link to comment
Share on other sites

  • Members

The cabinet and head are his. There is no legal basis for the band to hold it pending repayment of the loan to buy the bass.

 

He owes you guys for the cost of the bass. He needs pay the band the cost of the bass or, if this is acceptable to you, return the bass to the band.

 

If he refuses to do either you can always engage the services of the local small claims court. They usually apply equity on a regular basis (I know I did).

 

Keep the issues separate and you should be able to work it out.

 

PD

Link to comment
Share on other sites

  • Moderators

 

The cabinet and head are his. There is no legal basis for the band to hold it pending repayment of the loan to buy the bass.


He owes you guys for the cost of the bass. He needs pay the band the cost of the bass or, if this is acceptable to you, return the bass to the band.


If he refuses to do either you can always engage the services of the local small claims court. They usually apply equity on a regular basis (I know I did).


Keep the issues separate and you should be able to work it out.


PD

 

 

Exactly.

 

You goofballs that suggest being underhanded need to grow up.

Link to comment
Share on other sites

  • Members

The reality is that unless he wants to take you to small claims court, there's not much he can do. I ran into something like this (though it was not musical equipment) and I straight out asked the police officer "Are you telling me that if someone steals something from me, you can't go get it" and the response was "Nope. It's a matter of your word vs. his word. You'd have to take him to small claims court."

 

I wouldn't worry.

 

Edit: of course I live in a small mill-town in Maine, so who knows how this stuff works elsewhere. I honestly can't imagine that the cops have much they can do... and if there is, maybe I need to call em and tell 'em how the guy down the street stole my SVT...

Link to comment
Share on other sites

  • Moderators

 

The reality is that unless he wants to take you to small claims court, there's not much he can do. I ran into something like this (though it was not musical equipment) and I straight out asked the police officer "Are you telling me that if someone steals something from me, you can't go get it" and the response was "Nope. It's a matter of your word vs. his word. You'd have to take him to small claims court."


I wouldn't worry.


Edit: of course I live in a small mill-town in Maine, so who knows how this stuff works elsewhere. I honestly can't imagine that the cops have much they can do... and if there is, maybe I need to call em and tell 'em how the guy down the street stole my SVT...

 

 

Yeah, I'd be shocked if the cops did anything. It's just not their job to do so. This is exactly what small claims court is for.

Link to comment
Share on other sites

  • Members

 

Exactly.


You goofballs that suggest being underhanded need to grow up.

 

 

I think it's you who needs to grow up and get a some life experience. The prick said he wasn't going to pay them back and threatened to show up with the cops. If they give him the head and cabinet they'll never see any of the money they loaned him. Let him be the one to take legal action.

Link to comment
Share on other sites

  • Moderators

I think it's you who needs to grow up and get a some life experience. The prick said he wasn't going to pay them back and threatened to show up with the cops. If they give him the head and cabinet they'll never see any of the money they loaned him. Let him be the one to take legal action.

 

Are you suggesting they knowingly prevent him from access to what is rightfully his? It is very easy for them to negotiate with him to exchange the head and cabinet (that is rightfully his) for the bass (which is arguably not his). If that fails, they don't need to just hand over the gear, but to fake a theft or to do something else underhanded is teenage level game playing. Oh wait, and illegal. :freak:

 

Please let me know what life experience you think I'm lacking. I'd be really curious to hear.

Link to comment
Share on other sites

  • Members

Are you suggesting they knowingly prevent him from access to what is rightfully his? It is very easy for them to negotiate with him to exchange the head and cabinet (that is rightfully his) for the bass (which is arguably not his). If that fails, they don't need to just hand over the gear, but to fake a theft or to do something else underhanded is teenage level game playing. Oh wait, and illegal.
:freak:

Please let me know what life experience you think I'm lacking. I'd be really curious to hear.

 

Due to job constraints (secret squirrel stuff) I don't post as much as I'd like but I view a lot.

 

I know its fun to do sometimes but ......um..........this is beneath you.

 

PD

Link to comment
Share on other sites

  • Moderators

I've dealt with exactly this situation and everyone involved returned everything to the rightful owner, no cops were involved, no illegal activity occurred and friendships were maintained despite the difficult situation.

 

I'm sorry, but I'm not sure what our disagreement is about.

Link to comment
Share on other sites

Archived

This topic is now archived and is closed to further replies.

×
×
  • Create New...