Need (possible) legal advice.
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When I was in high school (2002-2003), I played in a few different bands. One of these bands actually started getting somewhat serious (quite a few shows, cd recording, etc). My mom saw that this was something that I really enjoyed doing, so she was nice enough to spend over $700 on a used PA system from a family friend's band. After we graduated in 2003, the band broke up. The singer of the band, who I had been best friends with since middle school, asked if he could borrow the PA system for a new band he was starting. I agreed.
Now, five years later and after two years of asking, I finally got half of the PA system back. The mixer is broken, the power amp is broken, there are baseball sized holes in both of the 15" speakers and the grills are missing, and the (then) brand new $200 JBL monitor speaker was missing. I'm positive that my four microphones and mic stands, not to mention all my cords, are either missing or broken. I talked to him yesterday, and he said that he won't pay for any of it because it had been sitting for so long and I could have picked it up sooner.
Granted, I COULD have gone to his parents apartment, gone in their garage, and taken all the stuff myself, but I wanted him there with me to make sure I didn't take anything that wasn't mine. I COULD have been more pushy and probably gotten it back sooner, but I didn't want to make a big deal out of it. I knew that parts were broken, but I didn't know EVERYTHING was broken. I thought he would do the right thing and offer to replace what was broken, but I assumed wrong. I figured since he was the one who wanted to borrow it, that made him the one responsible for keeping it in working order, even though one of his friends also used it.
/rant
Now, do I take him to small claims court? Would it even be worth it? Since it had been so long, do I even have a case?
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used gear is used gear...he bought it for $700...at worst it is only worth $600...in reality the cost to replace it with other used gear is probably higher than the $700. Your "friend" had an obligation to return the equipment in the same condition it was sent to him in. If he can not/did not, he is then obligated to either A) pay the replacement cost of the equipment; B) replace the equipment with equivalent equipment in the condition it was in when it was first lent to him.
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tjamz;214159 wrote:
used gear is used gear...he bought it for $700...at worst it is only worth $600...in reality the cost to replace it with other used gear is probably higher than the $700. Your "friend" had an obligation to return the equipment in the same condition it was sent to him in. If he can not/did not, he is then obligated to either A) pay the replacement cost of the equipment; B) replace the equipment with equivalent equipment in the condition it was in when it was first lent to him.So if a new technology came out and the used equipment was only a $100, I wouldnt waste my time. I was just having him figure it out for himself. If it still hundreds of dollars, then definatley fight it.
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The original cost of the equipment was $710, plus that new $200 JBL speaker and $250 condenser mic I got from my uncle for free. If someone else would have bought it, it would have cost probably twice what we paid, but we got a deal since we were good friends with the people. I wrote up a bill for him that was around $575 - which was around half the replacement cost. I figured I would shell out a little too since I should have known better than to let him borrow anything.
If we do take it to court, though, he won't be getting a deal. It'll probably cost him around $1,000.
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you'll have to hire a laywer...which would cost you over $700 to win the case.... so your out the $700 alone right there..
Even if you did win, they would leave it up to the other kid to pay you back...and he probably never would. So if i were you i wouldnt even waste your time.
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Small claims doesn't necessarily require a lawyer. I've taken people to small claims before and won with no lawyer...in fact, many times people would rather just settle than go to court.
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