Band broke up

[jhiner]

In West Virginia

I Was in a band, and we together purchased PA equipment for use on stage. One member has the equipment since he always hauled it around. When we bought the stuff, we said to each other "when/if we break up, we'll just sell it and split the money" But nothing was signed. Now the guy says the stuff is his and he can keep it since we didn't sign anything. Do we have any recourse? Thanks.

 

[seniorjudge]

In West Virginia

I Was in a band, and we together purchased PA equipment for use on stage. One member has the equipment since he always hauled it around. When we bought the stuff, we said to each other "when/if we break up, we'll just sell it and split the money" But nothing was signed. Now the guy says the stuff is his and he can keep it since we didn't sign anything. Do we have any recourse? Thanks.

Sue the guy for y'all's total share of what you think it is worth. (Go to small claims.)

 

[jhiner]

but then couldn't he just say "well we didn't sign anything, there is nothing in writing" and get away with it?

 

[seniorjudge]

but then couldn't he just say "well we didn't sign anything, there is nothing in writing" and get away with it?

How would I know?

Sue him and find out.

50-50 is the BEST odds you will ever have in court.

 

[kmckenn]

If the person in possession of the equipment has receipts for all of it, in his name, I'd say you he'd have a reasonable chance to prevail. If not, go steal it, and let him take you to court, there is nothing in writing.

The point is, if there is nothing tangible in regards as to who is the rightful owner of it, credibility of the statements made by each party willbe, and is all that can be judged upon, and if all else being equal.... "50/50 odds" sounds like a fair assessment.

Otherwise, you can let him go unchallenged and reduce your odds to ZERO.

DISCLAIMER: I am just some guy that walks down the street like anyone else, don't take this posting as anything that resembles legitimate legal advice, it's just one (objective) persons perspective.