Should I get an attorney?

[ShawnStones]

Well played sir

 

[Kevinmach]

if you get a default judgment in your favor then they will have to pay it.

I know about 5 different business associates of mine who have default judgements against them for several years now, for losing businesses in the economy or just plain getting into tangled messes, and all of them are going about their merry lives, not having yet paid a dime (if they ever do).

My current g/f lost her retail store a few years ago, and has judgements outstanding for rent on her retail space, her old residence, and god knows what other untold bills, and hasn't paid anything either.

Getting paid when you win a judgment is simply not as easy as people think, not to mention the cost of attorney's, which is why I laugh when I hear people who don't have experience in these matters simply give advice to sue, like it's no big deal.

In other words, you may- even if you if get the judgment... get your money back, someday.

WarriorJoe might be onto to something with a small claims court. I'm not current on that, but last I checked it was for claims less than $3000. If your claim in less than that, then I would definitely scrap the attorney idea and either work with them in whatever way you can, or possibly file the small claim.

 

[OtterOnBass]

I say stick with the theft charge. They've taken your gear without your permission. Your photos of it in use are proof. Who knows where your rack is now. Also, I don't think this post is a good reference for future work, I wouldn't hire someone who said they'd 'go to jail' if they saw their previous manager.

 

[WarriorJoe7]

They usually do the default judgment thing in small claims and it's worth the $40 filing fee just to let them know that you are serious. You can take a small claims jugment to a regular court to get it enforced, and or through collections. If the other person cares not even a little about their credit score you may never get paid... really it comes down to how the jurisdiction and law enforcement in your area works, possibly depending on the individual people that you talk to. It is worth the small fee to file though.

This is just an idea because I am not a lawyer but if you win in small claims and get a default judgment and the outcome also states that they have a certain amount of time to return the equipment then you may be able to sue them for theft if they do not meet the date. this is all stuff to talk to a lawyer about but noit until small claims is done. See what that can get you first.

I can't imagine this being alot of money but I would just

 

[Tony Gray]

Seems to be two issues here, getting your gear back and getting even. Sounds like you're not gonna get paid, and you're not gonna get them back for the crappy way you were treated.It sucks, but it sounds like just another day in the music business. Get in your car and go get your gear while it's in one piece. The longer it sits around, or goes out on the road, the more pieces of it are going to disappear. Good luck.

 

[LaklandBass]

too bad you dont live like 20 minutes closer and were into roadbiking lol. i could surely use a riding buddy to talk bass on century rides.

 

[ShawnStones]

Also, I don't think this post is a good reference for future work, I wouldn't hire someone who said they'd 'go to jail' if they saw their previous manager.

You probably wouldn't also do a lot of what these guys have done either. Atleast I hope not. Maybe I have too much faith in people?


Thanks for all the feedback guys. This is a really crappy situation that I never wanted. I guess time and conversations will tell how it all goes down.

 

[TBrett]

Not sure how small claims court works in the US. If you file a claim, do you have to file it in Louisianna? If so, does that mean you'd have to appear in court there? Or can you file the claim in Illinois and they would have to appear in court in Illinois? Because if you have to go to court in Lousianna, it sounds like you'll be better off just paying a trucking company or courier to ship the rack to you. I've shipped all kinds of equipment all over the world and it's probably not that expensive to ship your rack via ground transport (and you don't have to deal with customs, which makes the paperwork way easier). Make some calls and get prices. Getting even is probably not an option in this situation - you'll likely end up doing yourself, your reputation and your finances far more damage than will be done to the band and manager. But if you'll settle for getting your rack back, then I would just focus on that. See if you can get a time and date from the manager as to when the shipping company can collect the gear and go from there. If the manager refuses to commit to this, then I would go with the suggestion of hiring a lawyer to send them (the manager and the band members) a letter in which you also may want to mention the unpaid gig and any other outstanding issues (the lawyer can advise you on this), but that you'll settle for getting your rack back. Hopefully the manager will be rather more compliant after that. Get back what is yours, go forward with your career, and leave them to their karma. Success is always the best revenge! Good luck, hope that rack is back in your possession as soon as possible, and please keep us posted.

 

[two fingers]

Geez, that sucks, sorry. Well, if they won't ship it at their expense, and you think they should, I guess you have no choice. Time to lawyer-up. Maybe you can get paid for that gig while you're at it.

AND some RENT for the shows they used YOUR gear for!

 

[DerHoggz]

Judge Judy FTW.

Seriously, I think I remember hearing that if they agree to go on, lose and can't get you your gear, it is payed out of a fund or something. That would alleviate the need for collection and whatnot.

 

[kranahan]

I would drive and confront those guys, get the gear, spend the night somewhere and drive back the next day. No hassle with attorneys and what not... unless you feel they will not give your gear back. Good luck with everything and keep us posted.

 

[Munjibunga]

It probably would be wise to get an attorney, but for the cost of doing that, you could drive down there, show up with the police, and charge them with theft, then haul your gear back.

 

[Stanley Design]

Show up to one of their gigs with a carload of friends and tell them that you want the gear right then/right there or the police will be called to resolve the matter. Have all documentation you can gather up on hand.

Manager would be very stupid to allow the police to get involved while at a gig, that can destroy a bands reputation just the mention of police having to get involved over alleged stolen property. Can you say "never booked again"?

 

[Clark Dark]

with small claims court you could sue for your equipment, rental fee for them continuing to use said equipment and for the money owed to you for your last gig. seems you have proper documentation with video and email correspondence...just refrain from any violent stuff
check with the Louisiana music stores and "itemize" the cost of renting each item in your rack per diem, multiply that by the number of shows done with your equipment...

 

[Jim Campbell]

Oh, I would include all court costs and lawyer fees in whatever it was.

pre judgement interest,post judgement interest

 

[Crazyeelboy]

Offer to split the shipping costs but be prepared to pay the entire shipping costs yourself. I know it sux, but there is little to win here - get your stuff and move on with life (and next time nail down the details up front - talk to a lawyer before you join up with a touring band).

I suggest against any threats or anything like that - you won't get any real satisfaction out of it and it will only tear you up.

 

[john_g]

I think they will be more motivated to settle this if the police are involved rather than going to an attorney first. Dont know if you followed up with the local police but I would push the issue as hard as you can. Getting an attorney letter most likely wont get you back your gear anytime soon. They can and probably will sit on it until there are followups, which means more money from you, and then they can contact their own lawyer and the whole process could take a year. Tell them you reported it stolen and unless they want to be charged with receiving stolen gear, they need to ship it back asap (but be prepared to pay the shipping yourself)

 

[Altitude]

The terrible truth here is that, in retaining legal counsel, you will quickly rack up legal fees that exceed the value of the equipment you are trying to recover. Whether or not court costs are recoverable in such litigation is probably a matter of statute, and out of your control. Plus, if the litigation happens, you'll spend lots and lots of your own time on it.

Again, it's terrible...but if there is nobody you can call who will reason with you, and if you have no attachment to the equipment other than the dollars you spent on it, the most economical path is to let it go and spend whatever you would spend on attorneys on a new rig.

 

[svtb15]

A similar thing happened to me about 30 years ago in New York City.. Fortunate for me I also lived in NYC.
The band refused to return my gear and was rehearsing with a another player using my stuff..
Again fortunately for me the Police Precinct was tight next store on 35th street.. So i just went there told the desk sergeant what was happening and he send a cop over their with me...The band claimed a few pieces of gear was theirs when in facct it was mine...
But at that time i inscribed all my stuff very inconspicuously with an engraver... Showed the cop my name that was engraved in and SVT head and a shure mic and a crown amp.. He made a few threatening remark to them.. and they were legal..



Not only did they wind up opening the door , but they helped me carry the SVT to the elevator...
If you lived close i would say get a cop to go with you.. Dont know if they still go that these days though...thats when cops on the street were friendly...
But dont do anything that would get you in jail.. mind your tongue.. Jail is not worth it... Never been there but i have visited friends that have gone over the years...
so be cool

and Report you gear as stolen...

 

[svtb15]

you cant take everything you read on the internet as fact!

you know its just a figure of speech ,so lighten up on the guy

Also, I don't think this post is a good reference for future work, I wouldn't hire someone who said they'd 'go to jail' if they saw their previous manager.