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Can I keep my Things?

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WesNyle

Junior Member
What is the name of your state? Michigan

(Sorry this is kind of long....)

Hello, about 10 months ago a buddy (of 6 years...) of mine sold me two bass amplifiers, one guitar amp, a foot pedal, and a Tobias Bass Guitar for $300. He need the money to move to Alaska badly. He sold me these things and left early and I didn't get a receipt BUT I have witness', four of them actually. Recently I was going to sell the Bass on eBay and he become furious, saying I was only "holding onto the bass" or "borrowing" Well after a long period of conversing he said he would pay me with a $350 Money Order and send it to me. Well a couple days later I get a call from his sister to meet his mother at her work to collect money that SHE was going to pay to buy the Bass ($400 now....) so i did and she met me there. I put the Bass into her car and she pulled out the Original receipt from when she purchased it (like 3-4 years ago) and said it wasn't mine and I wouldn't get it back OR the $400 as promised.... They also had Police there on me... ( This happened less then 2 weeks ago) Now I was wondering a few things. I have had these things for over 10 months now, IS the whole "Possession is 9/10s of the law" deal really REAL? And if so could I sue to get my Bass back? Or could he come and get those Amps now from me? Because I have had them so long, I DID buy ALL those things from him, plus I have 4 witness'. Sorry once again for this being so long. Thank You!!!!!What is the name of your state?
 


WesNyle

Junior Member
.....

Can someone please REPLY!? Im not trying to be mean but theres like more then 60 views... Not one can answer?
 

Zigner

Senior Member, Non-Attorney
Sue the bad guy in small claims court for the money you feel is owed to you.
 

WesNyle

Junior Member
I dont really entirely want to sure for money, I just want to know if I can KEEP the Amps and things I already bought because I dont have a receipt, using the whole possession is 9/10s of the law thing. Also if I DO sue, can I get my Bass back is what I wanna know.
 

dcatz

Senior Member
Boy, take some time off and return to cranky AND impatient. What happens if nobody responds? Do you go from “not mean” to threats of bodily harm?

You’re in a rotten position and you can’t get the Bass back. Does that make you feel better? Sorry. I’m not jerking you and I’m sure I’m not making you feel better but, assuming your post is accurate, that’s where you are. Your witnesses don’t help you achieve what you want to achieve. Your witnesses were witnesses to theft by misrepresentation or pretense, or whatever you call it in Michigan, and Small Claims Court isn’t going to help for what you want either. Maybe you get to keep the rest of the stuff, as long as you don’t have another similar experience with Mom.

Assume the “original receipt” wasn’t forged and Mom bought the Bass 3 years ago. Your “friend” “sold” you something that he didn’t own. Hypothetical: I snatch a Rolex, run around the corner and sell it to you in an alley for $500, because you think I’m scoring drug money. (Ok, ridiculous hypothetical, but bear with me anyway.) You walk happily way, pleased at your good fortune. Fast forward 3 years and you take the watch in for cleaning. It’s recognized as stolen from the unique number stamped on the back. Do you think you get to keep it, because you’ve had it for 3 years and still have it? It wasn’t my watch to keep or sell.

Small Claims awards money judgments. It doesn’t order and enforce the return of property, and who is to say that the rest of the equipment that you’re left with and that Mom hasn’t claimed isn’t worth the $300 that you paid. You can try to file a criminal case, but your guy’s in Alaska, and the police are going to tell you it’s a civil matter or it can only be done in months ending in a “v” or anything to get you out and away, because they know it’s never going anywhere except into some great bureaucratic paper mangler. So you go to Small Claims, because the transaction, the injury and the evidence were all in Michigan and he doesn’t raise a venue challenge, but it costs you $200 to serve him in Alaska, if you can do it at all. After deducting the value of what you have and what you paid, you get a judgment for $50 plus costs that you have to enforce in Alaska.

Can I stop now, or does this need to look more bleak? I’m sorry, because apparently you mainly wanted to have and re-sell the Bass, and that’s not going to happen from your post.
 

WesNyle

Junior Member
D@mn dude, chill out, seriously. Do I anger you or something. Thanks for your insight and advice but not reason to be an ******* about it.
 

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