In need of somewhat legal advice.

MadMan118 · #1 06-30-2010, 12:23 AM

Suppose somebody that you live with ie. is aslo on the lease papers, decides they are so entitled to sell your stuff. What sort of legal actions can I take involving local and judicial law enforcement. I would have called the cops but I don't want to of i have nothing to go on.
And no i will not be doling out any personal of info on the situation to be made a public spectacle of, so don't even ask.

Joey3313 · #2 06-30-2010, 01:39 AM

Quote:

Originally Posted by MadMan118

Suppose somebody that you live with ie. is aslo on the lease papers, decides they are so entitled to sell your stuff. What sort of legal actions can I take involving local and judicial law enforcement. I would have called the cops but I don't want to

Logic fail.

MadMan118 · #3 06-30-2010, 01:45 AM

Quote:

Originally Posted by Joey3313

Logic fail.

You know what, can the sarcasm dude. That was one of my favorite basses that got stolen.

TheSuzie · #4 06-30-2010, 01:49 AM

Depends on the circumstances. Did the person throw you out? If you have been paying them rent and living there as your home, in most places, they cannot just throw you out.

Did you take off and leave stuff behind? Even then there are legal steps the other party usually has to take before they can consider your stuff abandoned.

Even if you owe money, there are legal steps, either the steps required for your stuff to be considered abandoned or getting a legal judgment against you that allows them some right to seize your property. Someone cannot just arbitrarily refuse you access to your property. Unless some contract allows them the right to your stuff, your stuff is abandoned or is seized to fulfill a legal judgment , they should not be able to sell your stuff legally. If there is not some legal basis to their actions such as those I have stated or similar, then they have stolen your property and also sold stolen property.

Repeat 2X - I am a lay person and could be wrong about this but this is my understanding of these sort of situations.

Edited- now law enforcement will likely not be interested in this whole thing at all and you will have to take it to small claims.

now if this went to a small claims court (non-criminal) and you did in fact owe them money. There would likely be a suit and a counter suit. The magistrate may be sympathetic about your bass being taken but it would depend on the circumstances. It may be that both claims would just wash out.

Peace,
S

MadMan118 · #5 06-30-2010, 02:00 AM

Quote:

Originally Posted by TheSuzie

Depends on the circumstances. Did the person throw you out? If you have been paying them rent and living there as your home, in most places, they cannot just throw you out.

Did you take off and leave stuff behind? Even then there are legal steps the other party usually has to take before they can consider your stuff abandoned.

Even if you owe money, there are legal steps, either the steps required for your stuff to be considered abandoned or getting a legal judgment against you that allows them some right to seize your property. Someone cannot just arbitrarily refuse you access to your property. Unless some contract allows them the right to your stuff, your stuff is abandoned or is seized to fulfill a legal judgment , they should not be able to sell your stuff legally. If there is not some legal basis to their actions such as those I have stated or similar, then they have stolen your property and also sold stolen property.

Repeat 2X - I am a lay person and could be wrong about this but this is my understanding of these sort of situations.

Peace,
S

We're both co-signed on the lease and I dont owe anyone any money. So i guess its stolen property.

TheSuzie · #6 06-30-2010, 02:14 AM

Notice that I edited my post a bit. If you can actually get the police to file your report, it may help you as evidence in a small claims case. Even though the person may have legally stolen from you, the likelihood that anyone is going to want to take the effort to fully prosecute the case not huge. Also you will get nothing from that.except getting the other person busted unless your property is somehow recovered.

MadMan118 · #7 06-30-2010, 02:19 AM

Yeah I figured this was a small claims court issue. Sadly the other involved party used to be a good friend but is now is a drug addict, so he probably wont show up for the court date anyway, and wont pay the settlement. FWIW Today was the last day on the lease and I am no longer staying there.

MIJ-VI · #8 06-30-2010, 02:40 AM

Quote:

Originally Posted by MadMan118

Yeah I figured this was a small claims court issue. Sadly the other involved party used to be a good friend but is now is a drug addict, so he probably wont show up for the court date anyway, and wont pay the settlement. FWIW Today was the last day on the lease and I am no longer staying there.

Well that's the good news.

Do you have your missing bass' ser. # and/or photos?

If so, are you willing to report the instrument as being stolen?

Doing so may result in your drug addicted former friend going to jail but he'll wind up there (or possibly dead) sooner or later anyway, so hitting the brakes on his habit now (and getting him into a court-ordered rehab) may be best.

If you do report your bass as being stolen then you may wish to register it with the two relevant links in my sig.

MatticusMania · #9 06-30-2010, 10:33 AM

Quote:

Originally Posted by MadMan118

Suppose somebody that you live with ie. is aslo on the lease papers, decides they are so entitled to sell your stuff. What sort of legal actions can I take involving local and judicial law enforcement. I would have called the cops but I don't want to of i have nothing to go on.
And no i will not be doling out any personal of info on the situation to be made a public spectacle of, so don't even ask.

Arent you the one with the druggie roommate? So, he's selling your stuff, eh? The only action you can take is to call the police as I see it. If you have proof he's selling your stuff even better. I'd get anything of value out immediately, and move out of that place as soon as possible. This is, of course, assuming that you are the dude living withthe druggie roommate.

MadMan118 · #10 06-30-2010, 10:40 AM

Quote:

Originally Posted by MIJ-VI

Well that's the good news.

Do you have your missing bass' ser. # and/or photos?

If so, are you willing to report the instrument as being stolen?

Doing so may result in your drug addicted former friend going to jail but he'll wind up there (or possibly dead) sooner or later anyway, so hitting the brakes on his habit now (and getting him into a court-ordered rehab) may be best.

If you do report your bass as being stolen then you may wish to register it with the two relevant links in my sig.

Thanks for the resources I'm going to try finding it locally first before i send the hounds on a wild manhunt. Its possible that its with somebody he knows and not a store. Matticus, yeah i am the one guy with that one junkie, luckily I moved out my stuff that wasn't jacked yesterday. And no longer live a that residence.

MatticusMania · #11 06-30-2010, 10:44 AM

Quote:

Originally Posted by MadMan118

Thanks for the resources I'm going to try finding it locally first before i send the hounds on a wild manhunt. Its possible that its with somebody he knows and not a store. Matticus, yeah i am the one guy with that one junkie, luckily I moved out my stuff that wasn't jacked yesterday. And no longer live a that residence.

Glad youre out of that situation! So the problem now is you trying to locate your 'missing' bass without having to go to the cops? Why not present the problem to your junkie ex-roommate? 'Either you can tell me who or where you sold the bass to, or I can let the cops figure that one out for you'. May not be the best tactic, but it might get you some results, especially if you dont want to get the cops involved.

MadMan118 · #12 06-30-2010, 10:46 AM

Yeah I'm working it out with him and another third party. The cops here produce mixed results, sometimes you get a good one, sometimes you want to arrest them.

Relic · #13 06-30-2010, 10:47 AM

In one of my old bands, we used to practice at the singer's house weekly. Since we practiced there regularly, I used to store some stuff over there. (my extra drum set and a huge bass cab) this, because we would also always meet there first to pick up equipment before a gig - it made sense to keep it there and it was with our singer's permission. Well, over the course of time, we stop gigging and I ask about my bass cab intending to come and get it... a 1975 Acoustic 220 that I loved.. "oh, that? I sold it at our yard sale.. It was over here for so long I didn't think you wanted it.." My drums? "yeah, I put those on craigslist, some guy gave me $75 for them..."
Talked to a friend who was actually a police officer and he told me that there basically isn't anything I could do about it.

EDIT - sorry, this was a total thread hijack post... it just reminded me of my situation that I'm still furious about years later.

I sincerely hope that you get your bass back

MatticusMania · #14 06-30-2010, 11:13 AM

Quote:

Originally Posted by Relic

Talked to a friend who was actually a police officer and he told me that there basically isn't anything I could do about it.

I find that hard to believe... surely there is some legal recourse for situations such as this?

jp58 · #15 06-30-2010, 12:01 PM

I would involve the police. File a stolen item claim.

If he sold it to a pawn shop or GC and they run the serial number it should be returned to you. Hopefully it all works out man.

guy n. cognito · #16 06-30-2010, 12:11 PM

Trying to negotiate with an addict is a losing proposition. Call the cops or kiss your stuff goodbye.

capnjim · #17 06-30-2010, 12:16 PM

Man, that sucks. The exact same thing happened to me. You need to file a police report so if it turns up in a pawn shop you can get it back.
I got my stuff back in this exact manner. Boy, was the pawn shop owner ever pissed.
I didn't feel at all bad for him as he was also my "friends" dealer and traded the equipment for drugs.
I didn't even have serial numbers, just good descriptions and I still got it back.
Good luck.

Relic · #18 06-30-2010, 12:24 PM

Quote:

Originally Posted by MatticusMania

I find that hard to believe... surely there is some legal recourse for situations such as this?

Well, it was a situation where I could have theoretically taken him to court over it, but it's doubtful that much, if anything would have come out of it. At least according to my friend. Of course the guy I spoke to was a cop and not a lawyer.. a cop's probably not going to know the ins and outs of every single law, so it may have been bad advice but oh well. What's done is done.

blendermassacre · #19 06-30-2010, 12:29 PM

I would say that you should file a police report if you want to stand a chance in court, IMO.

MatticusMania · #20 06-30-2010, 01:35 PM

Quote:

Originally Posted by Relic

Well, it was a situation where I could have theoretically taken him to court over it, but it's doubtful that much, if anything would have come out of it. At least according to my friend. Of course the guy I spoke to was a cop and not a lawyer.. a cop's probably not going to know the ins and outs of every single law, so it may have been bad advice but oh well. What's done is done.

I agree, though, whatever action you could have taken, in the end, might not have been worth it.