• TalkBass has been independent since 1998. Add your voice.
    Create a free account to reply to discussions, view embedded media, and browse with fewer display ads.
    Join free Log in
    Want zero display ads or expanded classifieds tools? Compare plans.

A serious real life situation where i need advice

#181
MEKer said:
1. Easy no longer has claim to the mics. Under law, this is a situation of bailment. After a "reasonable" time of someone's property being left in your possession, AND you can show you have even tried to contact that person (tho not required by bailment statutes), the property becomes the holder's (along with any hassles pinned on the item such as is happening with the mics). 1 1/2 years---yep--more than reasonable time. So Easy has no claim on you regardless of how this comes out.

2. You have no legal reason to return the mics UNTIL the store shows they HAVE NOT BEEN PAID FOR AND THE SERIAL NUMBERS MATCH. If they cannot show proof they own those mics because they are still unpaid for, I'd tell'em where to go. Who says that the store in automatically being honest? And yes, make'em come to you about it. They have not even proved anything yet to justify you being a nice guy and bringing the mics in to them. If this was just a "Hey, look what happened" thing, I'd probably take them in and have a good drive there and back enjoying my day. But, according to your story, I am soured on them and they'd have to do the footwork now.

3. If they can prove their point (docs and serial numbers) then you must be honest and give'em their mics back and Easy can go to hades.

In the end-ALWAYS be honest in ANY situation but I will insist the other party be honest about it too so I don't get screwed by always being the good guy. I'm tired of that crap. There's too much dishonesty out there anyhow, so why add to the perpetuation of it.

So there's my 2 cents. :hmm:
Click to expand...

+1
 
#182
Get your hands on some cheap mics (chances are you may already have some) then if they turn up give them those mics - when they notice they are the wrong kind say "well those are the mics that I thought you meant... they are the only ones in my garage... i guess they must have been taken when he left the state"

you get to keep the mics... the music store thinks its one big misunderstanding... the mics are written off...
 
#183
tlwaps said:
Not sure if this has been posted or not, but as a law student I suggest you contact an attorney and find out what legal advice he/she can give you. However, it sounds to me like you have no legal rights to the mics and chances are the store will report them stolen; which will lead to you being charged with receiving stolen property. If you can find a way to prove that they're your mics and not "Easy's" use that excuse.
Click to expand...

The last attorney I hired charged $350/hour and it was worth it. Calling an attorney is ridiculous in this situation.
 
#184
()smoke() said:
i'd just tell the store to come pick them up...but wouldn't spend my time delivering them to the store...the deal with the 'authorities' is that even if you are ultimately found by a judge to have done no wrong in refusing to relinquish the goods, you still have to deal with the hassle of the situation if they try to charge you for something like possession of stolen property...and since you admitted possession and understand the situation of the nonpayment, you can't claim ignorance if you get hassled
Click to expand...

Agreed, tell them to come pick up the microphones. If it's that important, they will.
 
#188
I'm with the Swede and Canuk (no offense intended) This is exactly the same kind of tuck tail, bend over backward for the man, do as you are told bull**it that got the Patriot Act passed and our civil liberties thrown in the trash. NO spirit of resistance, NO concept of 'I gotta look out for me', NO decision making by ones self for ones self, AND FINALLY "I'll make my decisions based on bad reason/rationality.

SURPRISE! HE'S A CHRISTIAN...
 
#191
I'm amazed that this thread is 10 pages long! It reads like a reality show for musicians...

It's too bad that this situation has deteriorated to this point, but hopefully you'll be able to put it behind you soon. That's a great idea to have the store sign off on the mics, acknowledging that you returned them so that you're completely out of the situation.

I hope that the employees of the store don't continue to rag on you behind your back. Are the employees musicians that play around town too? That could potentially lead to you losing out on some work if they're the ones running a band or show.
 
#192
I do not believe the OP. My gut says he has 3 mics and a stand, and tried to return 2 of the mics to the store for credit, keeping 1 mic & stand for himself. He had no receipt, so he told the store to look up Easy' account for proof of purchase. It was immediately found that Easy hadn't made his payments and the store said they would therefore keep the mics.
I believe you then said "no they are mine" and the battle ensued.

The situation stinks, and the goods are tainted.

Make it right.
 
#193
I hate responding to way old posts, however, I find this case to be an interesting one and I would very much like to hear the outcome.

In any case, my view is much like others - if they wanted the mics they could of come and got them themselves if they were that important. They said no, wanted to bring cops into it, and on top of that added that you have not only had two mics, but another and a stand. My BS detector went off right there. Hope everything resolved for the best.
 
#194
I know this is an old post but still.

If it was me, I would have politely asked them for proof of sale to easy and proof that he had defaulted on payment, then driven over and given the mics back. You'd probably find that the $230 worth of mics you lost you would have got back from store discounts on various things since the store would be more inclined to help you since you helped them out.

It doesnt matter whether the music store are pricks or not - at the end of the day, they are the ones with the lovely shiny new basses hanging up on the wall.
 
#195
SuperBassSam said:
I know this is an old post but still.

If it was me, I would have politely asked them for proof of sale to easy and proof that he had defaulted on payment, then driven over and given the mics back. You'd probably find that the $230 worth of mics you lost you would have got back from store discounts on various things since the store would be more inclined to help you since you helped them out.

It doesnt matter whether the music store are pricks or not - at the end of the day, they are the ones with the lovely shiny new basses hanging up on the wall.
Click to expand...

In this economy? Good luck.
 
#197
No cops, no arrests. Not right away anyhow. This is a small claims matter. The burden of proof is on the music store. They have to prove the microphones have not been paid for and the purchaser defaulted on them. If they can prove that, you will be expected to surrender the mics. You might start by simply asking the music store if they can prove the mics have not been paid for. If they can, you would be better off just giving them back and saving yourself all the time and hassle of appearing in small claims court. The only way you will be in violation of applicable laws is if (A) the music store successfully proves the mics have not been paid for and are legally theirs and (B) you do not promptly return the mics. You might end up paying their attorney's fees as well.

BIG DISCLAIMER: I'm not a lawyer, I just play one on TV. IMHO, YMMV, etc., etc.
 

Latest posts

Top Bottom
Back