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Should I get an attorney?

#182
fdeck said:
Agreed. It's a positive step towards getting the gear back. With the gear in a safe haven, then the OP can breathe a bit more easily while looking for a way to haul it northward, such as kind soul who lives in the area and is willing to pick it up and put it on a Greyhound bus.
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+1.
The first step is to get the gear out of the possession of your former bandmates/manager. I doubt you'll see it again otherwise, so it's not really likely to get worse (though anything can happen). After that maybe TBers can take care of business. Like you no doubt, I've read several help threads here. The TB/bass playing community is interesting in that way.
Good luck.
Stay cool.
 
#183
ShawnStones said:
Greyhound has a weight restriction of 100 lbs.

And who knows how long the police would be willing to keep it in their possession? Call me crazy, but I'd trust to keep it in one of your guys' basements before I let the police hang on to it.
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they'd keep it for a while for you, i'd think, long enough for you to get some kind of trip down there and back. you look into a train? what about going down there and disassembling the gear and carrying the most important parts of it back with you?

i mean, are you ok with letting these guys who ripped you off from your last gig, and lied about how they were going to send you your gear, have free access to your amp without even asking you? you've said you've seen these losers actually using your gear, right? i'd trust any cop in this country in a red hot minute before i'd allow that to continue.
 
#184
Ok. Just to clarify - they are all in NY recording, correct? And the rig in question is in La. in storage, correct? If someone from the band/management is able to access the storage area, and one of us TB'ers are present at or in the vacinity of the storage facility that is able and willing to go there. I think all of us in the awesome TB community can affect the return of Shawn's gear.

We can all easily donate $5 or so a piece and get the shipping together. I'll chip in if you do the work Shawn. By work, I mean... find some way to get access to the storage area, get copies of your photos/receipts in the hands of some one local (b/c lets face it - you want to be sure that all of the gear is present and nobody can dispute the pickup). And said local TB'er (if we can find somebody) uses the funds we scrape together to ship it back to Shawn.

Maybe I am just feeling a little optimistic today, but lets just get 'er done! Let me know when you need that fiver.
 
#185
ShawnStones said:
Yeah, it'd be great if someone went and got it and through a chain of people, slowly but surely my rack made its way back up here. But that's alot of people, alot of miles, and alot of trust. It would only take one sour person and then I would definitely never see my gear again.
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As it stands now, doesn't seem like you'll get it back anyways.

It would be cool for you to post a picture of the rack so everyone knows what you're talking about. :hyper:

Note: The OP was in October of 2009. Seems to me that you possibly could have saved enough by now to pay for shipping the rack back to you by now. Also, the original title of the thread is "Should I get an attorney?" I mean, if you have enough money for an attorney, you should have enough money for shipping? Yes? No?

I'm just saying....TB'rs are trying to solve your problem and there seems to be obstacles being thrown up each time. What's up with that?
 
#186
Stumbo said:
As it stands now, doesn't seem like you'll get it back anyways.

It would be cool for you to post a picture of the rack so everyone knows what you're talking about. :hyper:

Note: The OP was in October of 2009. Seems to me that you possibly could have saved enough by now to pay for shipping the rack back to you by now. Also, the original title of the thread is "Should I get an attorney?" I mean, if you have enough money for an attorney, you should have enough money for shipping? Yes? No?

I'm just saying....TB'rs are trying to solve your problem and there seems to be obstacles being thrown up each time. What's up with that?
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+1
 
#188
Shawn...***? Back in October, some of us replied to your first posts and suggested that you lawyer up. I'm really bummed to see this thread still alive, the volume of recent posts, and you still out there, sweating the future of your stuff.

So long as you do this on your own, your former employers are going to hose the living $#!+ out of you. Put this in perspective - they stiffed you and they fired you. Since they've already stomped all over your thing, why do you think they are going to treat you with any kind of decency or consideration?

Unless you come back at them with more than yourself, you'll continue to get hosed. They won't spend a dime to re-unite you with your stuff, and even if they did, what makes you think they would pack it worth a dang such that it does not get damaged in shipping?

I revert to my prior advice back in October...get a Louisiana lawyer to write a demand letter. Some of us have been talking about replevin (return of your goods) or conversion (damages for their use of your goods), but Louisiana has a legal code derived from French custom, rather than British traditions that govern in most of the US, so I'm not sure the usual doctrines apply. And I'm not certain of this, but expect that small claims court is not a viable option for you insofar as you are not in Louisiana.

But here's the net net -- you are where you are, and your equipment is in Louisiana, under the control of folks who are not going to give you the time of day. So you need some local leverage. Unless you are connected, you are not going to get the local cops working for you on this one. And while the image of Talkbassers storming the 12 Stone fortress with torches and pitchforks in hand is most appealing, that kind of self-help is not the answer...in fact, it's an invitation to trouble. ..people get hurt that way.

Please, please, please hit Google, search for lawyers close to the location of your equipment, and see if you can get someone to help out. You will have to spend a couple hundred dollars, but you really don't have any other option...unless you prefer to maintain the pity party that is this thread over the prospect of actually getting your stuff back. And don't forget that a lawyer might also be able to help you recover some of your unpaid wages, which you are never otherwise going to see. Your lack of a written contract is a drag, but most jurisdictions recognize the doctrine of quantum meruit - the notion that you deserve compensation, at an appropriate rate, for services provided. Plus Louisiana may well have some wage and hour laws...but you need someone from down the way to advise you on your Louisiana options. At the end of the day, NONE of us on Talkbass can provide the kind of help that you could obtain from having a lawyer in Louisiana dealing with this situation, on the ground.
 
#189
Wow. It takes balls and a heart of solid rock to do that to someone. I could never hijack someone's gear.

I've jammed with bands (auditions) and I was told I could use the old bassist's gear... I brought my own stuff and ended up just not clicking with the guys anyway.

That's just weird.

Lawsuit or not, I hope you get your stuff back safely and swiftly. Keep us posted!!
 
#190
DrSmaggs said:
...

I've jammed with bands (auditions) and I was told I could use the old bassist's gear... I brought my own stuff and ended up just not clicking with the guys anyway.

That's just weird.

...
Click to expand...

Not to hijack the thread, but I totally agree with this. The whole willingness people have to just use and borrow someone else`s gear without asking is somewhat disturbing in my mind.
 
#191
Yeah. I didn't say it clearly, but I just can't use another person's gear without permission... It's like putting your hands on another guy's girlfriend... I just don't like the idea.

I've had my gear hijacked for months before... and by hijacked I mean kicked from a jam session/band and then dodged when I wanted my gear back. It sucks. It's a feeling if violation that can't be described with words.

Shawn, I really really want you to get your gear back. If I wasn't way over in Arizona, I'd be looking for a good way to help. I'm broke, too.. or I'd be donating some $ to the cause.

It really bugs me when I read/hear about stuff like this. I just can't wrap my head around the concept of dodging phone calls and just hanging on to someone's stuff... I find it hard to swallow that someone (management, etc... whatever) "can't afford" to send you your stuff.

If I was that manager, I'd be doing everything I could to get pieces of gear back to you. Why keep that negative stress on your back?

I can't wait for this thread to end on a happy note.
 
#196
Right now, I say we all sign up for MySpace and rape the hell out of their comments.

Maybe start a Facebook group?? :P

I don't recall hearing why you didn't just take this when you got fired. That would have saved you a lot.

But the small court thing sounds good.
 
#197
The easiest, cheapest route is to send a certified letter. Once these guys
get a written demand for the equipment and you have proof that they
received the demand, you have a legal leg-up on these guys.

If this ever gets to court, the judge always goes with the guy who
presents the best evidence (documentation in this case) for their side
of the story.

Stop fiddling around with phone calls and text messages. These
become "he says, he says" noise which means almost nothing legally.
Stipulate the problem and your demands in a letter and make it official
enough that they know you'll be taking it to court if they do not get off
their asses and return your property.

You would be surprised what kind of immediate responses you get after
sending certified letters. It is essentially the first step that a lawyer
will take. You don't need a lawyer to do this.

Now, go do it.
 
#198
I feel bad for you for having to go through with this, but the easiest way to handle it is to eat the cost for the shipping and just be done with it altogether. Any other way may not guarantee the financial outcome you may be expecting, as well as you will end up paying more than the shipping costs, so just be done with it and swallow your pride and get your stuff back.
 
#200
Don't know if this is still a live issue, but getting a lawyer is probably a waste of time and money. I should know - I'm a lawyer. You're in a different state than they are and enforcing a judgment (that is, collecting) is hard enough when the defendant is in your own state. Plus, the amount in controversy here is relatively minimal ($2000 tops?), so you'd probably be in small claims court somewhere.

I'd send a detailed letter, pics included, of the history of the problem, make your demand clear and send it certified. Don't yell and scream - take the high ground, appeal to their sense of fairness, etc. I'd also try other routes at the same time - for example, appealing to someone in the band you're still on decent terms with, mutual friend, etc. If you still get nowhere, punish them however you legally can - but only speak the truth that you can prove (there's no libel or slander if it's true). Do not go and try to take the stuff back yourself - believe it or not, that would probably expose you to liability for trespass (not to mention burglary).

Sorry to hear about this. It's hard to get justice effectively when you're dealing with jerks. Good luck, DM

P.S. This is friendly advice and should not be construed as legal advice or that an attorney-client relationship has been formed. :D
 

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