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

[Jen]

Wow, I'd be pissed. He may have sold your bass for drug money (it seems from your post he is on drugs.)

Legally, I don't know what you could do. But maybe when you go over to his parents, talk to his parents about it. Maybe they may know what to do.

[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

[95CelicaST]

I believe he is still under 18, he was at the time he borrowed it. I have heard from some people that his parent's are pricks though, and stingy ones at that. Not sure if it is true, but I'm hoping it isn't.

What would jgreening do?

(ha, reminds me of the "What would Brian Boytano do?" song from the South Park movie)

[gas65]

Call the police and report it stolen. If somebody has actually seen your bass at his drug dealer friends, have them tell that to the police and they(drug dealers) can be picked up also for receiving stolen property. If you ask for your bass back from these dealers, I would say they will get rid of it quickly to somebody besides you, so don't even try that route. They won't give it back to you for free since they probably gave him some drugs for it.

As far as his parents, they can get involved when he is in jail. Time is of importance here, act quickly or you will never see it again.

[95CelicaST]

I'm not too worried about his dealer doing anything. He is younger and smaller than me and gets beat up a lot. He isn't someone I am or would be afraid of.

[BlackCelicaGT94]

I would probably A. let it go or B. small claims court

[Jeremy1210]

Go to his parents and just ask if the bass is there. Be real nice and polite. DOn't get mad cause they'll prolly shut the door in your face. Just ask if they ever remember seeing him take it with him when he left. Take recipts along to help show that you bought it. For added measure, take your dad along. They might blow you off, but with another adult, it makes it more serious a matter.

[jgreening]

I believe he is still under 18, he was at the time he borrowed it. I have heard from some people that his parent's are pricks though, and stingy ones at that. Not sure if it is true, but I'm hoping it isn't.

What would jgreening do?

(ha, reminds me of the "What would Brian Boytano do?" song from the South Park movie)

If he sold it, you would have to sue him for it. Chances are he doesn't have anything so even if you get a judgement, you may have a hard time collecting. You could file a wage garnishment if he has a job. The process of filing suit in small claims court and a wage garnishment is not all that easy for someone off the street but it can be done. It will be a pain but you can do it.

The good news is that if he is under 18, his parents may be legally responsible under your state's law. I would pursue the answer to that question before you go to see them. In all likelihood, the guitar is gone so you might as well position yourself to collect. If they are legally responsible, I would tell them if they refused to pay (after you ask nicely and are turned down).

Good luck. If you have any further questions, PM me and I may be able to help.

[95CelicaST]

Okay, so I went over to his house with a friend that was also there the night I gave him the guitar. We came around the corner and saw HIS car parked there. Yay. So We got out and went to the door and his mom answered. I asked her if her son had my guitar here. She didn't know, so she woke him up and he came out. He said that he let another friend borrow it and that he got into a car accident and the guitar was destroyed (I believe it is a lie). I told him that I let HIM borrow it, and that it was his responsability. His defence was that "It was a sh*tty bass, so I shouldn't have to pay anything". His mom had left to go get the phone, and was gone the rest of the time, but she was saying that it was still his responsability and stuff. I asked him how old he is, to which he replied "17". I said good and left. I went to the police station and told the dispatcher to have one of my officer friends call me when he gets on shift. Next I went down to the store I bought the bass from and they are pulling the sales receipt for me. The lady at the store said it was about 400 dollars.

I am going to go back to his house once I get the sales receipt and talk to his mom only. If she still says she isn't going to pay, then I will take them to small claims court.

I'm pissed.

[bloodrain]

Get your gat and go pull some Max Payne sh!t!!!

[95CelicaST]

When he hold me "it was a sh*tty bass anyways" I said "Well why don't you give me the keys to your car, and I'll wrap it around a pole, and then I wont give you anything for it because it was a sh*tty car anyways"

EDIT: spelling

also afterwards I went up to the skate park and took out some frustration on the ramps and my board. Felt a little better afterwards.

This post has been edited by 95CelicaST: Mar 21, 2006 - 3:51 PM