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Old 04-30-2008, 02:29 PM   #11 (permalink)
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Quote:
Originally Posted by darren View Post
I would counter with YOUR receipt for the CD production.


Noodles is right, of course, but they have the tactical edge in the situation if they're rolling in with cops who from what they've seen are on their side. If you can counter, "I'd happily give it back, however I'm holding it in lien of thirteen hundred from the cost of our CD production that I'm still owed. If they can pay me back for their share of the production costs, then I'll gladly let them have the PA. Short of that, I feel I'm within my rights holding it in lieu of payment for their share od production."

If you don't have a reciept from the studio, get on the phone with them ASAP, otherwise your case (as this will most likely have to be settled in court) will be much weaker without it.

"...and everything under the sun is in tune, but the sun is eclipsed by the moon."
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Old 04-30-2008, 02:33 PM   #12 (permalink)
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I don't know what to say man... this is awful!!!!

All I can say is that I hope you get out of this mess, sorry to hear this...
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Old 04-30-2008, 02:38 PM   #13 (permalink)
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skinhead flexes at just about everyoneskinhead flexes at just about everyoneskinhead flexes at just about everyoneskinhead flexes at just about everyoneskinhead flexes at just about everyoneskinhead flexes at just about everyoneskinhead flexes at just about everyoneskinhead flexes at just about everyoneskinhead flexes at just about everyoneskinhead flexes at just about everyoneskinhead flexes at just about everyone
Fuck, that shit sounds really gross.

That's why first I have a friendship with the guys and then start a band. It would be a shit if someone does that to me.

Sell the PA or burn it or spill beer on it.

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Old 04-30-2008, 02:41 PM   #14 (permalink)
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maybe this is because you play line 6 gear just kiddin man, but thats huge bullshit that they are such pussies they cant even confront you face to face to tell you your out, they have to do it in such a juvinile manner.

Quote:
Originally Posted by Drew View Post
"I'd happily give it back, however I'm holding it in lien of thirteen hundred from the cost of our CD production that I'm still owed. If they can pay me back for their share of the production costs, then I'll gladly let them have the PA. Short of that, I feel I'm within my rights holding it in lieu of payment for their share od production."
thats pretty much verbatim what you should tell the pigs if they come knocking on your door

you should contact judge judy my buddy did about a cell phone issue and he actually got called back, appered on the the show, and won his case simply because he had evidence to prove what he was saying, much as with your case, you can prove you paid for cd's for your band and not hundreds of copies for just yourself

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Old 04-30-2008, 02:48 PM   #15 (permalink)
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I have the credit card statement from the purchase, and I can get an invoice for the CD's. I have all the merch though, so it only does me so much good.


I agree that the cops will only be there to mediate and tell them all to take it to small claims. As far as I am concerned, it was the band PA system and since I am owed money I am keeping it until I am paid.

What is really sad is the singer's mom calling me last night. So childish.
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Old 04-30-2008, 02:49 PM   #16 (permalink)
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noodles is an automated shredding machine.noodles is an automated shredding machine.noodles is an automated shredding machine.noodles is an automated shredding machine.noodles is an automated shredding machine.noodles is an automated shredding machine.noodles is an automated shredding machine.noodles is an automated shredding machine.noodles is an automated shredding machine.noodles is an automated shredding machine.noodles is an automated shredding machine.noodles is an automated shredding machine.noodles is an automated shredding machine.noodles is an automated shredding machine.noodles is an automated shredding machine.noodles is an automated shredding machine.
Quote:
Originally Posted by Drew View Post
Noodles is right, of course, but they have the tactical edge in the situation if they're rolling in with cops who from what they've seen are on their side. If you can counter, "I'd happily give it back, however I'm holding it in lien of thirteen hundred from the cost of our CD production that I'm still owed. If they can pay me back for their share of the production costs, then I'll gladly let them have the PA. Short of that, I feel I'm within my rights holding it in lieu of payment for their share od production."

If you don't have a reciept from the studio, get on the phone with them ASAP, otherwise your case (as this will most likely have to be settled in court) will be much weaker without it.
Actually, it is in his best interests to say as little to the cops as possible. A police officer is NOT a judge, and NOT a member of a jury, so he is NOT authorized to determine ownership based upon receipts.

My advice would be to say something along the lines of, "Officer, there is clearly a dispute of ownership and monies owed, and I doubt that this can be settled outside of a courtroom, let alone today. Now, I am willing, in the interests of ending this all right now, to let them keep the PA, and turn over all the CDs and merch, in return for recouping the $1365.63 in merchandising costs. However, I am NOT willing to relinquish what I believe to be legally mine with nothing offered in return."

Like Drew said, you better have that CD production receipt ready to whip out at a moment's notice. Your bank/credit statement may work, but a receipt is much better. However, do NOT give in to the cops. Accuse your former band of not paying back monies owed with the intention to steal from you. The police will see that both parties have a complaint of a civil matter, and will suggest that you settle it by binding arbitration or civil court. They're really not authorized to do anything.

I had a dispute of this nature with a landlord once. The officer told both of us that he hoped we could resolve our differences that day, but the only authority he had in the matter is if we decided to start throwing blows. "Either no one or everyone is going to go to jail today. What occurs depends on both of you acting in a calm, civilized matter."

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Old 04-30-2008, 02:54 PM   #17 (permalink)
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^ Listen to noodles. He seems to know what he's talking about. If this were me in this situation, I would take his advice.

That really sucks about your situation man. I hope everything clears up for you.
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Old 04-30-2008, 02:57 PM   #18 (permalink)
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noodles is an automated shredding machine.noodles is an automated shredding machine.noodles is an automated shredding machine.noodles is an automated shredding machine.noodles is an automated shredding machine.noodles is an automated shredding machine.noodles is an automated shredding machine.noodles is an automated shredding machine.noodles is an automated shredding machine.noodles is an automated shredding machine.noodles is an automated shredding machine.noodles is an automated shredding machine.noodles is an automated shredding machine.noodles is an automated shredding machine.noodles is an automated shredding machine.noodles is an automated shredding machine.
Quote:
Originally Posted by DarkKnight369 View Post
I have the credit card statement from the purchase, and I can get an invoice for the CD's. I have all the merch though, so it only does me so much good.
With nothing clearly written, possession is nine tenths of the law. If they want their merch back, which you have, then they are going to either a) prove that they own it, or b) pay you off. Set clear goals for what you want to accomplish, stick to them, and be polite about it. "I'm keeping the PA until they give me my money!" makes you look rude and stubborn. "All I want to do is recoup the expenses I incurred in the interests of the band. I am willing to surrender the PA and all merchandise in return for said expenses. If they hand me $1365.63 right now, then they can take everything home today. I'll even help them load it in the car. I simply want to protect my rights, officer." makes you look like a man of maturity and compromise. Let them look like the stereotypical troublesome band. Put on a button up shirt and slacks before they get there, and play the part of the law-abiding adult.

Quote:
What is really sad is the singer's mom calling me last night. So childish.
If you don't mind me asking, how old are all of you? If you're not teenagers in a high school band, then this smacks of a parent thinking she can push her son's peers around because she is older. I've had to deal with a similar situation a few bands back, and I politely told her that I was 26 (at the time), lived on my own, had a full time job, and didn't appreciate being preached to.
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Old 04-30-2008, 02:58 PM   #19 (permalink)
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best of luck and i hope it works out in your favor man.i have been in this situation as well,but to add salt into the wounds, the bass player was knocking off my[at that time] girlfriend behind my back.sent her to tell me i was out of the band


i got even with them both in the end

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Old 04-30-2008, 03:05 PM   #20 (permalink)
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Quote:
Originally Posted by noodles View Post
My advice would be to say something along the lines of, "Officer, there is clearly a dispute of ownership and monies owed, and I doubt that this can be settled outside of a courtroom, let alone today. Now, I am willing, in the interests of ending this all right now, to let them keep the PA, and turn over all the CDs and merch, in return for recouping the $1365.63 in merchandising costs. However, I am NOT willing to relinquish what I believe to be legally mine with nothing offered in return."
thats pretty much what drew said, i mean, you gotta tell them SOMETHING or else the cops might actually try to make you give it over if they have proof of ownership, but if you explain the situation a little, nothing bad can come of it, only something better, but if you say little to nothing, it could result in one of the pigs trying to make you give it up
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