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5 years later - am I wrong?

cronker

cronker

Feb 13, 2007
1,054
651
Australia
#1
So here's the deal.

5 years back, I was in a great band and we worked regularly and got great gigs. Then we split because both the guitarist/singer and drummer were getting married and getting ready for families etc.
No issue.

But, the guitarist happened to have my mic, my mic stand and a heap of cables at his house (where we rehearsed) and I never got them back.
Now I see he is back in the scene and I have photos of him using those pieces of equipment that are mine.
I have asked him to return them on numerous occasions without response.
What would you do now?
Is it just a loss I should accept?
 
#2
cronker said:
So here's the deal.

5 years back, I was in a great band and we worked regularly and got great gigs. Then we split because both the guitarist/singer and drummer were getting married and getting ready for families etc.
No issue.

But, the guitarist happened to have my mic, my mic stand and a heap of cables at his house (where we rehearsed) and I never got them back.
Now I see he is back in the scene and I have photos of him using those pieces of equipment that are mine.
I have asked him to return them on numerous occasions without response.
What would you do now?
Is it just a loss I should accept?
Click to expand...
Although the law is different in different states, I would think that under any interpretation abandoning your equipment for five years would legally make it the guitarists.

Did you mark you mic, stand and cables? How do you know they are yours?

IMHO, yes you were wrong to abandon your equipment. Yes it now belongs to the guitarist. I would be mad at myself for never bothering to go pick the stuff up.
 
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#4
And just to clarify:

I was dumped from the band with no explanation - they just stopped answering my calls.
I did nothing wrong.
They didn't use our name again, or try to take advantage of our reputation.
It just suddenly stopped.

I asked for my gear back on numerous occasions with no response, so I don't feel I "abandoned" it.
I'm only pissed off now because two of the members of the old band are back and playing in a new band and I can see them using my old gear.
 
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#7
Torrente Cro said:
I would go to their gig and just pack up and take my staff back, without any discussion.
Click to expand...

+1 I was going to say the same thing show up at the gig and when it's over tell him what a great show he had and grab your stuff. I don't know how Facebook works but it seems you can really stir the pot by using it to let others know what's going on.
 
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#9
If it's yours, you have a right to ask for it back. Demand it back, actually. If the guy hasn't responded, though, or denies that it's yours, then you would need to be able to document that they're yours (or at least have others willing to testify so) to call a cop on him or bring him to small claims court. If you can't do that, then there's not much you can do, so live and learn.

Abandoned property law only applies if you never made any claim to the goods, which it seems you have, and if a certain period of time has passed - how much varies by jurisdiction, so you'd have to check local laws on that.

Of course, you could also go the public shaming route - go to gigs, post on their facebook page, "Dude, are you still using the microphone you never returned to me? Can't you afford one of your own?" Your call whether that will wind up making them, or you, come off worse.

This is the reason I never leave my gear with anybody. I think there's a singer who has an XLR of mine because she can't keep track of her own, used it for some lights she owns, and packed it up with her stuff at the end of a gig. Next gig I made sure to point out, "Ah, so THAT's where my cable went! I was wondering what had happened to it!"
 
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#12
I say at this point that the gear - assuming it is yours - is gone and property of the guitar player. The time to get your equipment when you got dumped from the band would have been right then i.e 5 years ago. If they didn't answer your phone calls 5 years ago - go to where ever the gear was stored, walk in and simply take it back. That simple. If they had asked you what you were doing you could truthfully say you're getting your gear back. The fact you never were motivated enough to pick up your gear when you left the band would speak volumes to me. At this point you're out of luck. My two cents..
 
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#13
Like you mentioned, it's not worth it to pursue a legal avenue to get it back. Don't know what the laws are like in Australia, anyway. I don't think you're talking about a lot of $$ in gear at any rate, right?

But the time to ask for your gear back would've been soon after the split-up, not 5 years later. A simple call, "dude, when can I swing by to get my stuff" would've been sufficient and probably would've rectified the situation. At this point, you can ask for your gear back. Maybe the guitarist forgot by now (as you apparently also did until triggered by his new gigs), and once reminded will say, sure come over & get your stuff. If he does, great. If not, I wouldn't lose any sleep over it.
 
#14
/\/\3phist0 said:
Really? Seems petty on both sides. It's a mic, stand, and cables..
Really inexpensive and utilitarian devices, 5 years later you are still filled with angst over it?
Better for your health to just let it go and realize the guy is a A554073!
Click to expand...

I agree. It's better for your health to just rise above and let it go. All the drama and noise that will be the fallout are probably not worth it.
 
#15
lfmn16 said:
Although the law is different in different states, I would think that under any interpretation abandoning your equipment for five years would legally make it the guitarists.

Did you mark you mic, stand and cables? How do you know they are yours?

IMHO, yes you were wrong to abandon your equipment. Yes it now belongs to the guitarist. I would be mad at myself for never bothering to go pick the stuff up.
Click to expand...
Are you serious? The equipment absolutely does not "belong" to the guitarist. Regardless of what the law might state, that equipment belongs to the OP and he should get it back - along with an apology. Nothing was stopping the guitarist from bringing back the equipment himself. What a jerk.
 
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#16
bass12 said:
Are you serious? The equipment absolutely does not "belong" to the guitarist. Regardless of what the law might state, that equipment belongs to the OP and he should get it back - along with an apology. Nothing was stopping the guitarist from bringing back the equipment himself. What a jerk.
Click to expand...
Yes I am serious. Do an internet search and see the rules for abandoned property for yourself. The law has NOTHING to do with what is right and what is wrong. Even if the OP decided to go after the property, how could he provide proof of ownership? Could he list every cable, the length, the brand? Does he have receipts? In the eyes of the law it is likely that the equipment absolutely DOES belong to the guitarist.

There is a reason that so many people on TB recommend getting ALL of your equipment back as soon as a band breaks up. ;)
 
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#18
lfmn16 said:
Yes I am serious. Do an internet search and see the rules for abandoned property for yourself. The law has NOTHING to do with what is right and what is wrong. Even if the OP decided to go after the property, how could he provide proof of ownership? Could he list every cable, the length, the brand? Does he have receipts? In the eyes of the law it is likely that the equipment absolutely DOES belong to the guitarist.

There is a reason that so many people on TB recommend getting ALL of your equipment back as soon as a band breaks up. ;)
Click to expand...
You're arguing law and I'm arguing principle. As I said, regardless of what the laws might state, on principle the OP is entitled to his belongings.
 
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#20
bass12 said:
You're arguing law and I'm arguing principle. As I said, regardless of what the laws might state, on principle the OP is entitled to his belongings.
Click to expand...
I agree.
leto said:
Well they say you can't "steal" your own stuff. So wait until the next gig, go, when they take a break go take YOUR stuff back and leave.
Click to expand...
If the OP doesn't have proof that the equipment is his, then HE is the one that is going to end up in trouble.
 
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