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brocknroll

Junior Member
What is the name of your state?OHIO

As of December 2004 I received a Marshall JCM 2000 DSL Amp Head and a Marshall JCM 900 Guitar Cabinet from the manager of my band to use.

When the band broke up in December of 05' he began making me pay payments for the merchendise.

We agreed I would pay anywhere between 30-50$ a month depending on how much I made that month. And the date in which to pay was never established because we had a good relationship and he said as long as I payed each month there was no problem.

January 05' was the first payment of $100.00. I made the payment and received a check.
Feb 05' was the 2nd payment of $50.00 made via paypal
When March came around, after 1 email attempt this guy decided to take the amp from our band house without consulting me. He was let in by one of the tenants at the band house to get some things that were left there of his. He left with not only his stuff, but things of mine and our drummer's.

After this I contacted him stating that this cannot happen and he is not allowed to just take it. I was going to call the cops but he said we could work out a deal where he would bring the amp back if I signed a contract stating I would pay him x amount on x day with more stipulations.

It was agreed he would bring the merchendise back the weekend of march 25th. when this weekend came, he sent me a contract that stated stipulations that I was not willing to agree upon. So at that point he said the only way I would get the merchendise back was to pay him in full, $800.00.

I informed him at that time I could not afford that, and it was not correct that he can do this to me.

I asked him for a refund of my money. He refused the full amount claiming I owe rent from a year and half ago. (which i've never been part of ANY agreement or lease).

After some time, he agreed to pay back the money (in full) that I had paid for the merchendise. That was a total of $150.00. He said the check was in the mail. When I receved the check it was only for 80 dollars and some odd change.

Since then he has ceased contact. I figured I would try to get more information before contacted authorties.
 


divgradcurl

Senior Member
When you said "we agreed" was that in writing or verbal?

If all you have is a verbal agreement, you are going to have a hard time proving the existance of an agreement in court, and the cops are very unlikely to do anything without more to go on than your word that he took the amp in violation of your verbal agreement.

About the best you can hope for is to sue him in small claims court to recover your extra $70.
 

brocknroll

Junior Member
Would him cutting me a check prove that he agreed there was a contract? Obviously he felt he was obligated to at least refund some of the money. Plus I have monthly statements, that of which he falsly added charges for rent at a place I didn't live.
 

divgradcurl

Senior Member
brocknroll said:
Would him cutting me a check prove that he agreed there was a contract? Obviously he felt he was obligated to at least refund some of the money. Plus I have monthly statements, that of which he falsly added charges for rent at a place I didn't live.
All that stuff will likely help you prove your case in court, but most likely all you will be entitled to is the $70 you are out -- the court is not going to make him sell the amp.
 

brocknroll

Junior Member
Well of course not, but at this point, it is all about principle.

He also claims that Im responsible for rent owed to him from years back.. when on his "Monthly statements" he even shows the other band members paying "my" rent.. because it wasn't my place it was theirs.

Is there anyway, since he put that i owe him x months rent (if im not on a lease) that I can be help responsible for that? Which is the remaining 70$

Is there any chance of a theft charge? He did come and illegally reposses the amp correct?
 

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