They stole your stuff, used it without your permission on a two week tour, and refuse to send you your stuff. Attorney time!
Enjoy the benefits of a premium membership!
Upgrade Account
-
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.
Should I get an attorney?
- Thread starter ShawnStones
- Start date
Just called the St. Tammany Parish Police Office. The lady said they can't file reports over the phone only in person, but she understands I can't exactly do that, so she's going to talk to another deputy and have them give me a call back. To see if maybe I can fax receipts, pictures, ect to prove that it's my gear and do a report over the phone. We'll see where this all goes and I'll keep all that are interested updated.
With no contract, I don't see where they have any obligation to ship your property to you. They may not be free to use it against your will, but it's going to be on you to prove it belongs to you, and that you are suffering damages. Not easy, especially over long distance.
If I left something at your house, you're not obligated to pay to send it to me. You might, if you like me, but you're not legally bound to.
It will probably be cheaper and easier to just bite the bullet and pay the shipping costs. I don't see this ending better than that, no matter what. If they don't want to pay the shipping costs, they can easily ignore a lawyer's letter with no ill effect. Then you will have to choose between ratcheting up the pressure, at greater cost and hassle, or just letting them keep the gear, since after you threaten them they probably won't release it even if you do agree to pay the shipping.
Good luck.
If I left something at your house, you're not obligated to pay to send it to me. You might, if you like me, but you're not legally bound to.
It will probably be cheaper and easier to just bite the bullet and pay the shipping costs. I don't see this ending better than that, no matter what. If they don't want to pay the shipping costs, they can easily ignore a lawyer's letter with no ill effect. Then you will have to choose between ratcheting up the pressure, at greater cost and hassle, or just letting them keep the gear, since after you threaten them they probably won't release it even if you do agree to pay the shipping.
Good luck.
He advised me to contact my local police department and have them get a hold of the St. Tammy police and to also call back tomorrow to talk to a Property Officer to get further advise.
Hire a lawyer to draft a letter stating that if they don't return your equipment and pay you for the gig, you will sue. 150 bucks, but it's normally all it takes for people to get the point. put the fear of God in them, so to speak.
The more I think about this, the more I'm thinking you're screwed.
You have no contract. Nothing in writing that says they'll ship it for you.
They fired you, and they'll say it's because you suck, or drink too much, whatever- it's their word against yours, and you're outnumbered.
Unless they tell you you can't come and get it, the gear's not stolen, as much as we'd like to say it is.
I really hate to say it, but I really think you're just gonna have to suck it up and pay the shipping. I hope I am wrong.
You have no contract. Nothing in writing that says they'll ship it for you.
They fired you, and they'll say it's because you suck, or drink too much, whatever- it's their word against yours, and you're outnumbered.
Unless they tell you you can't come and get it, the gear's not stolen, as much as we'd like to say it is.
I really hate to say it, but I really think you're just gonna have to suck it up and pay the shipping. I hope I am wrong.
Another route ... call their local police department. They might also help (you never know)
Good Luck!
THIS^
I know, I'm thinking I'm screwed too and I'll end up having to pay for the shipping myself. Which really just burns my ass, because it's yet another thing that they get away with. Something I could go on and on about. I'd just like them to have to hold to their responsibility. Their manager (who represents the band) told me my gear would be shipped back to me, "No problem". It's not in writing, but it was verbal....I loose because I have no documented proof. But I do have proof of owning the rack and everything in it. I do have proof that I would be payed for the show.
But I'm going to explore every option I can. I'm going to the police here today like I was advised and see what can be done. But neither of the people I spoke to today from Louisiana said, hey you're screwed, we can't do anything.
So I'm gonna try it all, paying for it myself being the absolute last resort.
But I'm going to explore every option I can. I'm going to the police here today like I was advised and see what can be done. But neither of the people I spoke to today from Louisiana said, hey you're screwed, we can't do anything.
So I'm gonna try it all, paying for it myself being the absolute last resort.
Good luck. The lawyer question is tricky due to figuring out what is cost-effective for you. But whoever suggested contacting a lawyer in the same area as the equipment (and where the termination occurred) has it right, especially since Louisiana Civil Code rules can be quite different from what applies around the rest of the US.
Seems to me that you ought to be able to find a Louisiana lawyer who will write a nasty collection letter for you without charging an arm and a leg. In common law jurisdictions, what you'd be wanting to bring would be an action for "replevin" (giving you your stuff back) and damages for loss of use. The "theft" angle is something that has to get pushed through a district attorney, as it's the state that has the right/duty to enforce criminal law. I doubt you're gonna have much luck there, but that's a question for your lawyer on the ground to assess. BTW, there are also small-claims court approaches to this sort of thing, but I can't say whether you'd be stuck with doing this down there.
I'd also explore getting paid for that last gig while you are at it - most states have wage/hour laws providing rules for when you should get paid after provision of services. And heck, maybe you have grounds for alleging wrongful termination, such that your lawyer can also stick that in the letter. Much of this game devolves to building up a credible threat of legal costs that incentivizes the other side to settle on reasonable terms, so again, you'll want to chat with your lawyer about your range of options.
And here's a thought - why not explore invoicing the manager for the cost of the items, and try to get them to buy it? all things considered, do you want to entrust packing and shipping to folks who don't bear you a lot of good will, or instead get some $$$ in your pocket, replace as you can, and move on?
Last thought - don't know if the band is set up as a corporation, a partnership, an LLC, or anything at all, but if you have contact info. for the band members, I strongly suggest your lawyer's letter get sent to all of them as well as the manager. Otherwise, you have no control over the way the manager is spinning the situation to the band.
The more documentation you can provide to the lawyer when you first touch base, the quicker and cheaper all of this should be. Ask yourself what exactly are you trying to prove, what documentation do you have that proves it, and what else could you hope to obtain that helps you make your case.
BTW, this is not legal advice, and we do not have a lawyer-client relationship...but as a brother bassist, I hope you manage to nail the SOB!
Seems to me that you ought to be able to find a Louisiana lawyer who will write a nasty collection letter for you without charging an arm and a leg. In common law jurisdictions, what you'd be wanting to bring would be an action for "replevin" (giving you your stuff back) and damages for loss of use. The "theft" angle is something that has to get pushed through a district attorney, as it's the state that has the right/duty to enforce criminal law. I doubt you're gonna have much luck there, but that's a question for your lawyer on the ground to assess. BTW, there are also small-claims court approaches to this sort of thing, but I can't say whether you'd be stuck with doing this down there.
I'd also explore getting paid for that last gig while you are at it - most states have wage/hour laws providing rules for when you should get paid after provision of services. And heck, maybe you have grounds for alleging wrongful termination, such that your lawyer can also stick that in the letter. Much of this game devolves to building up a credible threat of legal costs that incentivizes the other side to settle on reasonable terms, so again, you'll want to chat with your lawyer about your range of options.
And here's a thought - why not explore invoicing the manager for the cost of the items, and try to get them to buy it? all things considered, do you want to entrust packing and shipping to folks who don't bear you a lot of good will, or instead get some $$$ in your pocket, replace as you can, and move on?
Last thought - don't know if the band is set up as a corporation, a partnership, an LLC, or anything at all, but if you have contact info. for the band members, I strongly suggest your lawyer's letter get sent to all of them as well as the manager. Otherwise, you have no control over the way the manager is spinning the situation to the band.
The more documentation you can provide to the lawyer when you first touch base, the quicker and cheaper all of this should be. Ask yourself what exactly are you trying to prove, what documentation do you have that proves it, and what else could you hope to obtain that helps you make your case.
BTW, this is not legal advice, and we do not have a lawyer-client relationship...but as a brother bassist, I hope you manage to nail the SOB!
In the end, I just want my equipment back. I busted my ass for a long time to buy the rack and the gear thats in it. And I think given the situation, the LEAST they could do is cover the shipping.
When I got the call to join the band, I drove 12 hours overnight to meet up with them, my mom rode with and drove back. That trip cost me $300.00, and I never once asked for that money back. I've done more than enough for these guys. I even played a fly-out date one time for FREE.
Letting me go the way they did was a kick in the nuts as it was, and then letting this other guy use my gear was just a strait slap in the face. And now telling me it's my responsibility to get my stuff back to....justt....ugghh....I've never been so disrespected in my life.
When I got the call to join the band, I drove 12 hours overnight to meet up with them, my mom rode with and drove back. That trip cost me $300.00, and I never once asked for that money back. I've done more than enough for these guys. I even played a fly-out date one time for FREE.
Letting me go the way they did was a kick in the nuts as it was, and then letting this other guy use my gear was just a strait slap in the face. And now telling me it's my responsibility to get my stuff back to....justt....ugghh....I've never been so disrespected in my life.
Having been in litigation with my business a few times, almost all attorney's will tell you that retaining them should be your last option due to expense.
As angry as you probably have a right to be, I would pay the shipping and be done with it if the gear is that important to you. Again, that's assuming you can get them to respond, in which case having an attorney write demand letter might help, it really depends on the guys in the band and how they react to it. Hopefully, it will get them to give in.
If you are gonna threaten to sue, I would do so not only for the cost of the equipment and also the money they owe you for the gigs. I don't know what the grand total is, but as Ubado said above, it will likely cost you more than the gear and your last paycheck is worth.
Plus in cases such as these where there isn't anything in it for them, an attorney is going to want a retainer upfront... a down payment for his time (this isn't like a civil judgment where there is going to be a potentially big payoff, where they'd be willing to wait to collect their money then)
I do not think reporting it as "stolen" or claims that they used are worth much actually. So, like I said, I would still try to convince them to return it.
And remember... even if you do win, what you end up with is a court order "judgement" in your favor. If the guys don't have the money or just don't care, it can be nearly impossible to collect. Even winning the case, after you are out all the money *and* the equipment, getting the stuff back and being paid is another affair... and you guessed it, more money out of your pocket.
As angry as you probably have a right to be, I would pay the shipping and be done with it if the gear is that important to you. Again, that's assuming you can get them to respond, in which case having an attorney write demand letter might help, it really depends on the guys in the band and how they react to it. Hopefully, it will get them to give in.
If you are gonna threaten to sue, I would do so not only for the cost of the equipment and also the money they owe you for the gigs. I don't know what the grand total is, but as Ubado said above, it will likely cost you more than the gear and your last paycheck is worth.
Plus in cases such as these where there isn't anything in it for them, an attorney is going to want a retainer upfront... a down payment for his time (this isn't like a civil judgment where there is going to be a potentially big payoff, where they'd be willing to wait to collect their money then)
I do not think reporting it as "stolen" or claims that they used are worth much actually. So, like I said, I would still try to convince them to return it.
And remember... even if you do win, what you end up with is a court order "judgement" in your favor. If the guys don't have the money or just don't care, it can be nearly impossible to collect. Even winning the case, after you are out all the money *and* the equipment, getting the stuff back and being paid is another affair... and you guessed it, more money out of your pocket.
john turner
You don't want to do that. Trust me.
you should mention the name of the band too, so that we could all be sure to "support" them in the way they obviously deserve. 
I think out of everything I've mentioned location wise, my user name, and all other available information.....you all could very easily figure out who it is. I just don't want to go name calling or anything that would come back to bite me, see what I'm sayin. My name is Shawn Wade. Google is your friend.
I would write them back and let them know that you are prepared to get a lawyer. Show them the email where they said they would pay you. They owe you for a show and rent for using your equipment. Let them know that they may not use your equipment any longer. Find out a place on their show schedule where they will either be in town or at least closer and tell them you will pay the expense to ship it. If they don't pony up the one show and rent money then just go to small claims court. Better yet, if you schedule it for a time when they can't make it (or it would be costly for them to make it) then you will get a default judgment in your favor. Start thinking of every expense that you can think of that they might owe you. I would even include the shipping because if you get a default judgment in your favor then they will have to pay it. If they do show up the judge will likely knock off a few expenses but with the email you will likely get paid at least for the show. oh yeah and small claims court is cheap and you usually dont need a lawyer... should be under $100 and possibly under $50 to file a claim.
john turner
You don't want to do that. Trust me.
yeah, that's a good policy, at least until you get your gear.
would it be out of the question for you now to road trip down there to get your gear? would be cheaper than an attorney.
It's a 15 hour drive one way. 960 miles, so 2,000 round trip. I'm considering gas money ad time off work.
vs
shipping cost
vs
Seeing if one of my friends band can pick it up for me while they're out, so its atleast out of my old bands hands, in my friends hands, who will most likely be touring near me sooner than said ex band.
I'm thinking of every option I can, trust that.
vs
shipping cost
vs
Seeing if one of my friends band can pick it up for me while they're out, so its atleast out of my old bands hands, in my friends hands, who will most likely be touring near me sooner than said ex band.
I'm thinking of every option I can, trust that.
Sounds like you have to... I hope you have more evidence than what you've stated. Like contracts, receipts or whatever else you can dig up to enforce your position.
Crap like this makes me 12 kinds of angry. Screwing people over just because you can takes some serious stones.
