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Should I get an attorney?

#121
It's amazing what happens when people pick up their phones! Haha... But seriously, I just had 2 very much needed and long over due conversations with the guitarist and singer (the main 2 members) and I have a huge weight lifted off my shoulders. I'm not gonna explain everything that was said, but I feel better about the situation and I am pretty confident that I'll have my rack back with no issues.

Thank you to everyone that replied with something intelligent, most of you are awesome, hence why I posted here asking for suggestions in the first place.

The band members are good in my book, however the manager can lick a fat one.

Good day to you all.
 
#124
ShawnStones said:
It's amazing what happens when people pick up their phones! Haha... But seriously, I just had 2 very much needed and long over due conversations with the guitarist and singer (the main 2 members) and I have a huge weight lifted off my shoulders. I'm not gonna explain everything that was said, but I feel better about the situation and I am pretty confident that I'll have my rack back with no issues.
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That's awesome news.
It really does sound like the manager was the one being a (fill in your own slanderous term here) about the whole thing.

ShawnStones said:
the manager can lick a fat one.
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I'll put in a call to Oprah....
 
#125
Well here it is January 4th, 2010. I haven't been "with" this band since August, and I STILL don't have my rack. Sent another e-mail to the manager today who told me "it might have to wait until the funds are available" to ship it. I've been waiting for 5 months. This guy is a real piece of work.
 
#127
ShawnStones said:
Well here it is January 4th, 2010. I haven't been "with" this band since August, and I STILL don't have my rack. Sent another e-mail to the manager today who told me "it might have to wait until the funds are available" to ship it. I've been waiting for 5 months. This guy is a real piece of work.
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that's because they're still using it....at this point in time you probably are never going to see it again,.....at least in one piece.....you let them take advantage and they did...the time to deal with this was 2 seconds after you found out you were canned.......
 
#128
File a claim in small claims court. Lawyers are prohibited and the fee for filing is very small (typically around $40 where I live).

The court will assign a date and both parties show up and make their case to the judge. The judge decides who wins and who owes what to whom. It's pretty simple and the process is designed so that obvious thieves and jerkwads (like this manager who is screwing you over) won't be able to get away with stuff like this.

Just go do it, because you're never going to get your stuff back until the guy has no choice and the longer you wait the greater chance that something will happen to keep you from winning.
 
#129
hbarcat said:
File a claim in small claims court. Lawyers are prohibited and the fee for filing is very small (typically around $40 where I live).

The court will assign a date and both parties show up and make their case to the judge. The judge decides who wins and who owes what to whom. It's pretty simple and the process is designed so that obvious thieves and jerkwads (like this manager who is screwing you over) won't be able to get away with stuff like this.

Just go do it, because you're never going to get your stuff back until the guy has no choice and the longer you wait the greater chance that something will happen to keep you from winning.
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+1
 
#131
Jim Campbell said:
that's because they're still using it....at this point in time you probably are never going to see it again,.....at least in one piece.....you let them take advantage and they did...the time to deal with this was 2 seconds after you found out you were canned.......
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They're not using it. It's sitting in their storage facility in Louisiana, they are in New York recording their next album, I know this is all fact. And I did request for my rack to be sent back to me after I was canned, it was the very first thing that came out of my mouth.


The manger is simply a cheap ass and doesn't want to pay for the shipping. You'd think being signed to the biggest indie label in the world, money wouldn't be an issue.
 
#132
hbarcat said:
File a claim in small claims court. Lawyers are prohibited and the fee for filing is very small (typically around $40 where I live).

The court will assign a date and both parties show up and make their case to the judge. The judge decides who wins and who owes what to whom. It's pretty simple and the process is designed so that obvious thieves and jerkwads (like this manager who is screwing you over) won't be able to get away with stuff like this.

Just go do it, because you're never going to get your stuff back until the guy has no choice and the longer you wait the greater chance that something will happen to keep you from winning.
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I will admit that I don't know much about this area, but it may not be as simple as you describe, and even if it is as simple as you describe, it may have no practical effect for the following reasons:

1. Some states require that the parties to a small claims filing must all reside in that state. If they don't all so reside, then states often have very specific filing requirements that may not be so easy to comply with.

2. Assuming you can get past the filing requirements, there is the enforcement issue. That is, even if a small claims court says you "win" that doesn't mean you will necessarily collect on whatever damages are being awarded. This is particularly true when defendants are out-of-state. In fact, it may be that you must actually file a small claims judgment in the Superior Court (i.e., not a small claims court) having jurisdiction over the defendant and having the Superior Court, in effect, sign an order saying that their state will recognize that small claims award from the other state.

3. Even if you jump through all these hoops, you still have to then convince local authorities (e.g., local sheriffs) to help you enforce the Superior Court's order.

Hopefully I'm wrong about all this and just over lawyering, but I would suggest a little time with Google would be well spent before spending too much time engaging in a course of action that may leave you no better off than where you are right now.

My rates will remain the same this year for you guys which means, once again, you get my two cents worth.

Best,
MA
 
#134
hbarcat said:
File a claim in small claims court. Lawyers are prohibited and the fee for filing is very small (typically around $40 where I live).

The court will assign a date and both parties show up and make their case to the judge. The judge decides who wins and who owes what to whom. It's pretty simple and the process is designed so that obvious thieves and jerkwads (like this manager who is screwing you over) won't be able to get away with stuff like this.

Just go do it, because you're never going to get your stuff back until the guy has no choice and the longer you wait the greater chance that something will happen to keep you from winning.
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he's in illinois,gear's in la.,band is all over the country......i don't see anyone to sue......is the band an entity that can be sued,the management,individual members in other states....personally i think the op is out of time and options.....even if he were to win in il. how much would it cost to enforce the decision in la......
 
#137
What if you paid for shipping? Maybe a TB'r who lives where your rack is can pick it up from storage, take it to FEDX, have them pack it and you call the location and pay by credit card.

At least you'll get it back.
 
#139
Yes, get an attorney - preferably one from LA as suggested already. It shouldn't take much to get a positive reaction. And, as has also been suggested, document everything you can and include all of it in your conversation with the lawyer.
 

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