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Should I get an attorney?

ShawnStones

ShawnStones

Nov 24, 2008
441
3
Rockford,Il
#1
I toured with a band for 2 years, as a touring bassist, not a member of the band. I was recently let go from this band. Upon receiving this phone call, my first concern was getting my equipment rack back, which is in their storage space. The manager said it would be shipped back to me. This was a month ago and it hasn't been shipped back to me. On top of that, they just finished a 2 week tour. On this tour, I have photographic and video evidence that their new bass player used my rack. And now that I asked once again for it to be shipped back to me, their manager says I am responsible for shipping costs.

Also, 2 months ago i played a show and never received payment for said show. Their manager is saying that I have been "fully compensated" and won't be receiving any further payment.

The rack weighs a good bit. It's a 14 space shock flight rack, inside is an Avalon U5, DBX 131, Power conditioner, Rack tuner, Shure wireless receiver, 2 space rack drawer containing roughly $100 worth of misc cables/connectors, and a crown power amp. I'm thinking it weighs atleast 150lbs and needs to be shipped from southern Louisiana to northern Illinois.


Sound like it's time for an attorney?
 
#11
Yea Id call a lawyer. Also could you just call one of the band members? Im not sure on what terms you are with them but they might not even know that the manager is jerking you around like this. Ive dealt with some major Dbag managers.
 
#13
document, document, document. It sounds like it may be time to contact an attorney. If they're using your equipment without permission, they at least owe you some rent for it. Do you have a contract indicating what type of payment was due for your work on the previous shows? Who is responsible for shipping it back to you is iffy.

I'd say it's nearing time for an attorney, but it may be worth it to try one more time with the band members themselves (if the split wasn't bad).
 
#14
I have e-mails where the manager said I would be paid, and then I have e-mails from today saying that I won't.

I don't have it in writing that they would ship it back to me, that took place during a phone conversation.

That's another thing that sucks, I have no type on contract at all with them, everything was verbal. Needless to say, I'm learning ALOT.
 
#17
I'd second that. I was going to say myself that I am pretty much ignorant on the matter and don't know how much good it would do... But it seems it would be worth it to me to report the gear as stolen (since you have evidence they have it and are using it). If nothing else, that plus the mention of legal action may very well get it through their heads that they're better off just shipping it back to you...?
 
#18
yea i just asked a cop friend and he said that he's had calls like that before. Not exactly with bands and gear but similar in that someone is not giving back your property. From what he said once they removed it from where it was being held they stole it. This is very common with roommates getting kicked out of apartments and whatnot. there is a reasonable amount of time to let them come pick up their belongings but you cant exactly move their plasma tv to your buddys house so they cant get it. Id say call the cops if nothing else to have it documented and because uniformed officers showing up at the practice space might get them to just give you your stuff back.
 
#20
CapnSev said:
Most likely when they see a subpoena from a lawyer, they'll cave and give you what you want, and it won't go past that.
Click to expand...

+1

Chances are just a letter from a Louisiana lawyer should get the ball rolling; and will be the cheapest way to go (a lawyer's letter stating the equiptment to be shipped or they will be sued shouldn't cost much more than $100 - $150)

Hopefully it won't come to a lawsuit ... they are a stressful pain in the butt, and quite expensive (you could end up spending a couple grand easy) :hmm:

Another route ... call their local police department. They might also help (you never know)


Good Luck! :)
 

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