Jazz Bass Custody Battle

[Kaiser Q]

Back in 1997 I joined a band that had been around a while.I owned and still own a Precision Plus with an ash body.The thing is heavy as hell and kills my back and shoulder.After about three shows the guys saw how sore I'd be after the set and told me I could use this bass one of the old bass players had left after he quit.It was a MIM j-bass that had been sitting in the corner of their rehearsal space for two years.The strings were rusty and gunked up,the action was horrible and the neck was a little out.With some new strings and a lot of tlc I got the thing set up nice and sounding great.
For nine years I used the bass in that band and others,gigging 4-10 times a month.In that time not a peep from the old bass player was heard.I always had it in my possession and I treated it as one of my own.I babied it like I do the rest of my gear.In 2006 we called it quits due to people getting egos,getting married,having babies and all the usual band ending stuff.At the last show I took the bass home with me and nothing was ever said.After that I used it for another 8 years for just about every bass gig I did.So for 17 years it's been safe in my hands.
About a month ago I get a call from the guitarist of the band saying the old bass player contacted him and after 17 years wants his bass back.I told him "you mean MY bass? That's not gonna happen".Needless to say the conversation ended with me not budging and him saying "ok,I'll tell him you're bein a dick and don't want to give him HIS bass back".Now I'm being bombarded by emails and texts from the guitarist and the old bass player.The bastard gave him my number and email address.I told him he's sol and they sell squires at gc for $200.It's starting to get ugly.
Am I in the wrong here? I mean after 17 years I think the bass is rightfully and legally mine.If you leave your kid in the mall for 17 years can you call child services and say you want to come pick em up? Hell no,you blew it,you have proven yourself to be unable to care for them and they go to a loving home(hopefully).My guitars are my babies and I'm not just gonna hand them over to some neglectful owner.What are your opinions on this? Am I bein a dick?

 

[Kmonk]

They said you could "use" the bass. They never said you could have it.

 

[mglinski]

Yeah, have to agree here. It was never "yours". Be grateful you were able to use it for as long as you did. You could always offer to buy it from the original bass player at fair market value.

 

[Kaiser Q]

I hear what you guys are saying.Maybe Ill give him the $200 to get a Squire.Just can't bear to give it back to someone that just left it behind.Hate to think of it bein left somewhere else.
Thx for the insight.

 

[Qlanq]

Buy a real piece of junk with the same specs and give that to him. Manky strings and out of wack set up optional.

 

[GlennW]

It's the other guy's bass. You never paid for it, so it isn't rightfully yours.

If you like it that much, make him an offer.

 

[guy n. cognito]

I hear what you guys are saying.Maybe Ill give him the $200 to get a Squire.Just can't bear to give it back to someone that just left it behind.Hate to think of it bein left somewhere else.
Thx for the insight.

But, it's not your bass. You borrowed it, and now it's time to return it. It's really that simple. What the OWNER of the bass does with it after you give it back to him is none of your business.

 

[lfmn16]

You could tell him he can have it back, but you'll need to charge him for the setup and strings. Otherwise, you could ask if he would take a replacement and buy him either a Squier or a used Mexican. It's too bad that it started out so contentious. The bottom line is that it's not your bass.

I once had a guitar player sell me a bass and the old bass player showed up and wanted it back. Fortunately the guitar player was an otherwise good guy and gave me my money back.

 

[Rob22315]

You took the time and money to get the bass in playing shape. Suggest you charge him for a proper setup and new strings then return it to him or offer to buy it from him at a price commensurate with the condition in which he left it.

Taking it back after 17 years does seem to be way beyond the common sense 'statute of limitations' but I'm not a lawyer so I can't say what the actual legal precedence is here. The Navy in me wants to argue for salvage rights but you didn't find it at sea.

 

[sketch]

Given the time frames- bass had been left for 2 years in the rehearsal space, plus the following 17 years where no one asked about it, I'd say ownership was forfeited. I'd consider that my property, and wouldn't give the bass back.

You might also check your local laws about found property and ownership rights, as no matter what people say on the Internet, no matter what is "just" "fair" or "right", we are subject to the rule of law.

 

[lundborg]

The owner could file a police report.

You never paid anything for it, and got 17 years of use out of it.

I would try to set it straight with the owner, and give it back if his price is too high (might very well be high if you're not nice).

 

[Dana R Gregory]

Try to get some legal advice on this. With the extremely long amount of time (19 years) involved here, I think you could argue that he abandoned the property. Make him an offer and if he and his guitarist friend still want to be anal about it then go to small claims court. Let a judge settle it. If you can show that he abandoned the guitar, and to be a "nice guy" about it, you made a fair offer for it minus what you have put into it, I think the judge will side with you, especially if you have before and after pictures. You also may have grounds for a harassment complaint against them. Good luck and let us know what happens.

 

[FerK]

I'm afraid I also agree with all the comments above: it doesn't matter where the owner left it...it's his bass. Since you put some money into it, although not at his request, you might be able to negotiate to buy it off him, but he's not obliged to pay for your set-up (he could arguably claim he could do it himself). I don't think statute of limitations applies here, or adverse possession. The owner can do whatever he wants with his assets, whether you could take better care of the asset yourself or not.

I'd try an amiable approach, lest he files a police report and get you in real trouble.

 

[charlie monroe]

Yes, you're being a d!ck. Give him the bass back.

 

[TonyP-]

Ok there is the correct moral aspect and then the legal one.

What you need to do is check with you local police on the statue of limitations on abandoned property.
I would do that right away, because if you falls within that timeline the owner can take legal action against you.
I'm sure He is going to look into that as well. Who wouldn't?

On a side note Your shocked...and bummed and your natural reaction is to say no way...However...What is the right thing to do?

 

[spaz21387]

technically its his but I know here in Oregon if an item is left in someone else's posession for more than 6 months it becomes theirs...

 

[Kaiser Q]

Sent him an email and told him I'd give him $250.See what he says.If not I found the same bass on craigslist for $250 twenty minutes away.Seems fair and I'll feel better about it.No bad mojo.
Thanks for the help everybody.Sometimes when your bein a dick you need someone to tell ya.

 

[hover]

Just take comfort in that he probably wants the bass back so he can flip it for quick cash.

 

[kev b]

Possession is 9/10ths of the law but do you want to involve lawyers?

I would have done the same as you and offered to buy it.

Devils Advocate/ can he prove the bass is his, does he have the serial number? There must be hundreds of identical basses out there.

Shakespeare was right - "neither a lender nor a borrower be"

 

[cnltb]

Back in 1997 I joined a band that had been around a while.I owned and still own a Precision Plus with an ash body.The thing is heavy as hell and kills my back and shoulder.After about three shows the guys saw how sore I'd be after the set and told me I could use this bass one of the old bass players had left after he quit.It was a MIM j-bass that had been sitting in the corner of their rehearsal space for two years.The strings were rusty and gunked up,the action was horrible and the neck was a little out.With some new strings and a lot of tlc I got the thing set up nice and sounding great.
For nine years I used the bass in that band and others,gigging 4-10 times a month.In that time not a peep from the old bass player was heard.I always had it in my possession and I treated it as one of my own.I babied it like I do the rest of my gear.In 2006 we called it quits due to people getting egos,getting married,having babies and all the usual band ending stuff.At the last show I took the bass home with me and nothing was ever said.After that I used it for another 8 years for just about every bass gig I did.So for 17 years it's been safe in my hands.
About a month ago I get a call from the guitarist of the band saying the old bass player contacted him and after 17 years wants his bass back.I told him "you mean MY bass? That's not gonna happen".Needless to say the conversation ended with me not budging and him saying "ok,I'll tell him you're bein a dick and don't want to give him HIS bass back".Now I'm being bombarded by emails and texts from the guitarist and the old bass player.The bastard gave him my number and email address.I told him he's sol and they sell squires at gc for $200.It's starting to get ugly.
Am I in the wrong here? I mean after 17 years I think the bass is rightfully and legally mine.If you leave your kid in the mall for 17 years can you call child services and say you want to come pick em up? Hell no,you blew it,you have proven yourself to be unable to care for them and they go to a loving home(hopefully).My guitars are my babies and I'm not just gonna hand them over to some neglectful owner.What are your opinions on this? Am I bein a dick?

'use it' is NOT the same as 'have it'.
Obvious. No?