Getting amp recovered/legal issues

[Leppermessiah]

Im getting my mark IV recovered, and was curious if anyone else has done this? Im going through boogie to do it. Im thinking about getting it done in silver, only problem is it might look kinda cheap when its done. (silver has a tendency to do that) I was just wondering if anyone had any input on this...



About the legal issues, im sueing my friend for damaging my amp, which is why im getting it recovered. When i win, the court says he owes me x-amount of money. Now what if he still dosnt pay me? What do i have to do to take further action?

[Sukisyn]

Re: Getting amp recovered/legal issues

Well, I never sued anyone before or been sued but I would think that you were awarded a settlement he really has not say in the matter. I would think if he did not pay he would be held in contempt and could do jail time. Also, they may garnish his wages to ensure you get your money.

As I said, this is just speculation on my part. Never been in your situation and hope never to be. Good luck with your case. [img]/images/graemlins/grin.gif[/img]

[Spaceace]

Re: Getting amp recovered/legal issues

Well I am no expert but I know getting a judgement and getting the money can be two different things.Hope everything works out for you.it is too bad a friendship is ending, but I have no idea of the situation so I will leave it at good luck.

[Leppermessiah]

Re: Getting amp recovered/legal issues

Yea, it sucks to lose a friend, but if anyone screws me over like that i wouldnt want to have them as a friend anyway.


The Story-

My friend had a show to play, and his band was short an amp for whatever reason. Me being the nice guy that i am said he could use mine after he asked, but only under a contract stating that when the amp was handed over to him it was in MINT condition. Well, the amp was mint, he signed the paper, and he left under a very intense verbal agreement that he is under FULL responsibility for my equipment, i have two, possibly three witnesses to that. He said he would take care of it and he left. About a week later i meet him to pick up the amp, i find that it had been hit in numerous places, and torn/scratched the vinyl. I told him, he said he never noticed anything. He asked what i wanted him to do about it. I told him it needs to be the way it was when i gave it to him. He said that its not that big of a deal, its only a little tear and the amp still plays fine. He then offers me 20 dollars for the damage. I told him it was a mint 1700$ amp when i gave it to him, and the value is decresed. He says "only by like 5 dollars". At this point im freakin out. I take it down to my friends at music go round and they say that it will probably be a couple hundred dollars to re-cover it. Ok, so i take it back to my friend and tell him that. He says theres no way hes paying a couple hundred dollars, that im over reacting, and its not that big of a deal. I told him again, its a 1700$ amp, and it was MINT. he says "well i payed a lot of money for my stuff too"... that pissed me off, so i asked him if it would piss him off if i **** up his ****? then the argument was broken up. Have not talked to him since, which was yesterday. So i figure ill just take him to small claims, because theres no way hes getting away with mis-treating my equipment. He told me a before all this happened that he had turned the amp up all the way at the show. Could this have damaged it? should i have it looked at for that too?

I end with a comparison; If you borrow someone elses car, and bring it back with scratches and dings, is that ok because the car still "runs" fine?

[Guest]

Re: Getting amp recovered/legal issues

Got some pics of this tear? ( these tears )

Curious is all...

Pat

[dinkyjacksonman]

Re: Getting amp recovered/legal issues

Why would you sue your friend for the amp covering?
Isn't there a way to fix for your friend to pay for the damage without you sueing him?
The first thing, you will need to get your estimate on how much to fix and then to show it to your friend.
If he refuses to pay fro it, then it's your decision.
But what about if he says he didn't do the damage is there way to prove he is the one who actually did the damage?
Sueing someone also costs and will require a lot of time.
If I were you and if my friend doesn't want to pay for the damage, I will simply end my friendship with him and say goodbye.
I am not going to waste time on him but that is me.

[Sukisyn]

Re: Getting amp recovered/legal issues

Well, I think that since the amp was left in his friend's possession, his friend is ultimately responsible for any damage that was done to it. But I am not a lawyer... [img]/images/graemlins/grin.gif[/img]

[Cleveland Metal]

Re: Getting amp recovered/legal issues

Yep, as mentioned already, getting a judgement and actually getting the money that was awarded are two different things. We have gotten several awards from customers who have screwed us on jobs, and none have paid up yet. You sound as if you have the ability to win a judgement with the contract and witnesses. But, whether his punk ass will pay is another thing.

Maybe you could borrow something of his and destroy it? (kidding). Sounds like you're pretty much screwed. Sucks being a nice guy and trying to help a bro ehhh? Some people are just scumbags.

Basically, that guys just needs his ass beat. I know if it were my amp, I'd sure feel better afterwards. Especially after his BS attitude. What a punk a s s e d b i t c h...

[Shotgun]

Re: Getting amp recovered/legal issues

So what is Mesa going to charge to recover it? Including shipping both ways?

In Florida, you're going to spend from $80 to $255 just to file the complaint (a form the Clerk will give you, that you just fill out and give back) depending on how much $ damages you're after. Say, for up to $500, you're going to pay about $155 just to file the small claim. Then count on another $25 to have the sheriff serve him.

Then you have to take off work once, probably twice (one for the pretrial then again for the 'trial') for about a 1/2 day each. And figure that you'll need a couple of buddies and/ or his bandmates to show up and testify, so they'll have to take off work, too. And if they don't WANT to go, you'll have to pay $25 a head for the sheriff to serve them all with subpoenas to appear.

Then, if all goes well, you get your judgment.

The judgment is a piece of paper that says “Yup, scumbag owes you the money.”

So you’re gonna want to enforce it. This could take different forms, but your choices here are pretty much lien and execution or garnishment.

Unless scumbag is rich, you can pretty well forget about execution on the judgment lien. So garnishment is probably all you’re left with, and then surprise! That is a new action! Sue him again, and his boss this time, pay about $178 in filing fees and $25 to serve him and $25 to serve his boss. This time, his boss gets a chance to respond, but if he has a legit job, then 45 – 90 days later, the boss has to start taking your $ out in small quantities every pay period, usually paying some to the court, too, for administering it.

Can you eventually get it all back from him, including costs? Yes, if he has it. Is it worth it? Almost never.

If you aren’t in Florida, then who knows.
Keith

[Leppermessiah]

Re: Getting amp recovered/legal issues

Since boogie wasnt open on the weekend, im calling them today to get the estimate. He has already refused to pay for it, so it really leaves me no choice. Im in maryland, i dont think it takes all that money up here, but im sure a good bit. Its all about the principle. If he cant man up and be responsible for mistreatment of my equipment, then ill sue the **** coward. If the threat of getting sued scares the money out of him? great, even better. If in the end i still dont get satisfaction? Its assbeating time...

[zeegler]

Re: Getting amp recovered/legal issues

What an assbag! I learned years ago not to lend my stuff to people. I'm sure you won't be doing it any time soon either. It's really too bad that some people have no respect whatsoever for other people's property. Usually you can tell by how people treat their own things, but not always. I once went out with a girl for a short time, and her bedroom was neat as a pin the first time I saw it, so when she asked to borrow some of my CDs, I said "sure". Well, after 2 weeks, I went over to her place, and her room looked like it was caught in a tornado. My CDs were face down on the hardwood floor, out of the cases!!! I did not see her again.

Your friend not only needs to be sued, but needs a punch in the throat to straighten him out.

It's too bad you're not closer to me. I'd recover your amp for cost of materials, just because I feel bad for you.

[MetalGrasshopper]

Re: Getting amp recovered/legal issues

Well under this contract you had him sign, did it state clearly that he would be liable for any damages that may occur? Anyway, unless you take it to Judge Judy, the court fees are gonna be way more than the actual repair.

[Snatch]

Re: Getting amp recovered/legal issues

ahhh....the american judicial system. I once sued an ex band mate in small claims court. someone broke into his house and stole our stuff. i was sure he got paid for the stuff (insurance)but wouldn't pass it on. small claims there is no pre-trial. but i did tack on things like taking off of work and even paying to park at the court house. it was a quick case, he did pay up finally including court costs and lost time. was it worth it? well he did owe it to me, it took alot of time and trips to the courthouse. looking back i should of just kicked his punk ass and moved on. good luck to you Scott

[Guest]

Re: Getting amp recovered/legal issues

I don't know about this deal, IMO friendship is far more valuable than any amp, guitar, etc. I guess you need to weigh it out. I would like to see the damage tho so I can really determine if it's worth it to piss your friendship away or seek any damages, ya know?

Nothing personal of course, but I would look at it from all sides...

Whatever you do, best of luck with it! If the dude does have a full time job, pays taxes, paycheck, etc, the court's will garnish his wages if you get a judgement against him. But again, I would certainly weigh the amount of damage to a valued friendship, you can't buy friends...

Just a thought!
Pat

[Leppermessiah]

Re: Getting amp recovered/legal issues

The contract did not say he was liable, but there was a spoken agreement that i have witnesses to that he was under FULL responsibility. I guess he dosnt know what that means...The friendship loss does not bother me, he wasnt THAT great of a friend anyway. Zeegler, do you do that kind of work? Im willing to ship it wherever, give me some more details... Im just about to call boogie now to get an estimate, which i probably wont be happy with. Ill take pictures soon and get them up. Thanks everyone for your input.