What would you do in this situation, advice **UPDATE** Options

[95CelicaST]

Okay, so about this time 2 years ago my high school was putting on a "Battle of the Bands" competition. My band, as well as others all signed up and all was great. The day that we had to audition a friend of mine asked me if he could borrow one of my basses for the show. I said as long as I get it back in the same condition you get it. The day came. My band kicked everyone else's band in the pants and all was great once more. A few days after the show I asked my friend about my bass. He said "Oh yeah its at my house. I'll get it for you though by (insert day of the week)" or "I broke a string, so when I get the money I'll replace them and give it back to you." Days past. No bass. Weeks. No bass. He starts being really flakey at school and is gone for weeks at a time. He stops returning my phone calls. He got kicked out of his house and was jumping around from friend to friend. I asked his friends where he was and no one would give me an answer. He basically dropped off the planet. Yesterday my girlfriend spotted him sitting in a parking lot, so we pulled in next to him and I ask him "Where is my bass?" he says "I don't F'in know. It was a sh*tty bass anyways." I said "That was a 6 month old 350 dollar bass when you got it. I want it back now." He said "I don't know where it is." I told him I would just go to his parents. He didn't care. So on Tuesday my friend and I are going to go over to his parent's house and see if it is still there. If it is then I will just take it. I don't really care about the condition, as I can just repaint/rewire it.

BUT

if it isn't there, what could I (legally speaking) do to get my 350 dollars back. I still have the reciept from the initial purchase stating the price and all. My friend says he knows where is is staying... with his drug dealer.

Basically, is there any way I can either get my guitar/money back from either him or his parents?

What would you do? (please refrain from "Beat his A$s", "Take something of his" ect. I need real advice

This post has been edited by 95CelicaST: Mar 21, 2006 - 3:26 PM

[bigal004321]

Basically posession is 9/10s of the law. So it is up to you to prove that the guitar is yours. You said you have receipts and such which is good. The only thing you could legally do is to take him to small clames court, for the money. Though it is not definate that he is going to show up and after the court fees it wont be 350 you are after. But i say if he is chilling with drug dealers dont go making threats and stuff cuz that just might lead to more trouble than the guitar is worth. Just Try his house and if it isnt there, see if his parents will pay for the cost of the guitar. How Old is he? If under 18 his parents are responsible for his conduct still therefore you can legally take them to small clames court for either the guitar in the condition you left it in or the $350.

Hope this helps
Bigal