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Old 08-26-2003   #1 (permalink)
curbsquirrel
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Suing someone who stole our stuff...

Well im in this band...and a few months ago i posted about this guy who broke into my bands practice space and stole over 4grand in equipment from us. Thru a series of lucky events (and extreme stupidity on the criminals part) we got most of our stuff back. What we didnt get back we will be compensated for in restitition once the case is over and closed. heres our prediciment:

our guitarist, rick, had literally all of his stuff taken..not one thing was left in our space. This band is our job...we get paid for it, and we use the money to live off of. we have a record deal, and we tour, etc etc...so basically we depend on this band. rick was left with nothing, so he went out and bought a little over 2000bux worth of stuff to replace his old stuff (he bouht it before we got our stuff back). none of this is returnable and he had to put the stuff on different credit cards, borrow money from people, etc. thats alot of money...well like i said before, we ended up getting the stuff back, but none of his new stuff was returnable, and its gonna be very difficult for him to pay the 2grand...he wants to sue the guy, in cival court, for 2grand...his reasoning being that buying the stuff was necessary to keep what is essentially a business going, and he wouldnt have had to buy it had the guy not stolen our stuff.

i think that he will not get any money from this. i mean, if someone broke into an office space and stole mass computers, the company would buy new computers. then if they got their old stuff back, and the new stuff was non-returnable, they would likely sue for the cost of the new equipment...that is basically what is happening here. i just dont think that a judge will see our situation, our band, as a business. what do you think? does he have a chance to get his money back? should he try? not bother? any help is appreciated...like i said, i dont think he's gonna get anything...
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Old 08-26-2003   #2 (permalink)
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Suing this person will more then likely not get you any money. The main thing to do in this situation is file a police report and get all the items back. I dont see why the items are returnable that you bought??

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Old 08-26-2003   #3 (permalink)
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unfortunately, i agree, i dont see any way that your friend can get any money from this. maybe unless you could really prove that this band was extremely important for you guys' income and there was no other choice
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Old 08-26-2003   #4 (permalink)
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Quote:
Originally posted by injencivic
Suing this person will more then likely not get you any money. The main thing to do in this situation is file a police report and get all the items back. I dont see why the items are returnable that you bought??

Injen
a police report has already been filed..hence the reason he is already going thru the trial process. not all the items were returned, like i said...and some of it was returned badly damaged. ive filed for $600 in restitution for the still missing equipment, and the damaged returned equipment...
the items arent returnable b.c as our policy, once we buy something, we tag it with our band name in spraypaint. we've done with with speakers, amp heads, guitar cases, you name it...thats why the new stuff isnt returnable.

i think he needs to suck it up and admit he has to pay for the new stuff. i mean, his new stuff is a little better quality than his old stuff anyways, so its not like he's stuck w.crappy stuff...its quality.
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Old 08-26-2003   #5 (permalink)
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well have you hired an attorney?? Thats what i would do if your really wanting your money back. but you might pay more in attorney fees and court costs then its really worth.

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Old 08-26-2003   #6 (permalink)
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no attorney yet...its not my money involved, i got all my stuff back. if rick wants an attorney he can more than gladly hire one, but he doenst have that kind of money to shell out
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Old 08-27-2003   #7 (permalink)
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If someone broke into an "office space" that was a business and stole per example computers, this business' insurance company would handle replacing equipment stolen. IMO only and if I was Rick, the furthest I would take this would be a civil suit for they are cheap to file and CAN be easy to win. However, I think your friend might be out of luck on this one with the limited experience I have had in any dealings of this kind. I feel for him though, any way he could sell his new or old equipment or combination of both to make up the lost money and still have the equipment he needs? I know all the equipment is spray painted, but, someone may just be starting out and want this high quality of equipment to start out with, not to mention, have the money for it. He might have to take a little hit on the price to a potential buyer, but, not that much of one, possibley?
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Old 08-27-2003   #8 (permalink)
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dayum .. why didnt u guys just WAIT to mark the new stuff up with ur logo.. i mean whats the difference if it doesnt have ur name on it ... what a mistake that was.
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Old 08-27-2003   #9 (permalink)
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Quote:
Originally posted by OsOBooSTeD
dayum .. why didnt u guys just WAIT to mark the new stuff up with ur logo.. i mean whats the difference if it doesnt have ur name on it ... what a mistake that was.
this isnt the first time we've had stuff stolen from us...this has happened twice before, and both of the other times, the cops havent done anything and we didnt get anything back. like i said, the criminal in this case was extremely stupid and slipped up...no one saw it coming. when we filed the police report the cop who took the report, as well as the detective on the case told us that we were not gonna be able to get our stuff back, b.c that is the nature of that type of case. should he have waited before spraypainting the new stuff? maybe...but nothing told him to NOT wait either. we spray it so that if someone does take it, like the did two times before, the resale value is crazy low, and they wont get much for it....and so its easily identifiable. if you tell the cops to look for an amp with "CURBSQUIRRELS" sprayed in red across it, its easier for them to ID it, know what i mean? its not about having our name, its for security reasons.
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Old 08-28-2003   #10 (permalink)
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ahh i see that makes sense.. damn tho.. bro go buy like a cheezy wireless alarm at home depot.. there like 40 bucks.. i know its not gona stop them but the noise will alert someone ya know.
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Old 09-03-2003   #11 (permalink)
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you can get your money back if you sue him, all you have to do is play your cards right in court, make sure you bring lots of evidence about the stuff stolen, receits on all of the new stuff you bought, and any info on how your band is your life, and I am pretty sure you can get your money back. Second thing is, if this is the second or third time stuff has been stolen from you and your band, it would be time to either put your stuff in a different place or get a alarm or something so it doesnt happen again.
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Old 09-04-2003   #12 (permalink)
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this is the third time, and its the third location its happened. we now practice in a different place from where it happened the most recent time.

we also talked to the prosecutor of the county we live in...he said that since so much money is involved, it'd be worth it to take it to cival court, and that its likely we get our stuff back. he said taht if it was for just a few hundred dollars, we wouldnt get anything...but since its for a few thousand, we have a chance. keep you posted ...
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Old 09-04-2003   #13 (permalink)
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Just wondering, what's the name of your band... Perhaps I have heard of you guys...
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Old 09-05-2003   #14 (permalink)
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our name is "curbsquirrels"...we're kinda new to the music scene, but i'd say give it maybe a year and you'll have heard of us...we're workin on an album right now that our record label loves the sound of and thinks is really promising...
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Old 09-05-2003   #15 (permalink)
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Quote:
Originally posted by curbsquirrel
our name is "curbsquirrels"...we're kinda new to the music scene, but i'd say give it maybe a year and you'll have heard of us...we're workin on an album right now that our record label loves the sound of and thinks is really promising...
Goodluck on the record, i know they are hard to make. I would love to be in a band or be a radio DJ.

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