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#1
So about two months ago, I purchased an old Mesa Cab for $200 from one of the guys in our local music scene, I'll call him "Dick". My vocalist went to go pick it up since I was at school, and he texted me and told me that "Dick" said we could take his bandmates 100 watt Peavey Head since he wasn't planning on playing guitar that much anymore. Three weeks later, "Dick" calls me and asks for the amp back after I fixed it (it needed a new tube and fuse), and I told him I hadn't fixed it yet. Today, "Dick" called our vocalist and said that if we did not give them the amp back then he was going to file a police report for theft against us. Now, I don't want to give the amp up, because it's soo sick sounding and the fact that it was FREE. I think that since they told us we could have it, then it is ours now. After thinking for a while, I came to the conclusion that they "gave" us the amp in order for us to fix it, and then once it got fixed they'd just ask for it back so they wouldn't have to pay to fix it. What I'm asking you guys is if there would be any way the cops would make me give it back?


TL;DR: guy told me I could have his amp, then says that if I don't give it back then he's filing a police report. I want to keep the amp, what should/could I do in order to keep the amp? and is there a way for the cops to legally get it back/prove it was theft?
#2


Sounds like a sticky situation, but this is The Pit and not a Lawfirm.

Ask somewhere else, you won't get a trustworthy definitive answer here.
daytripper75

Bullieve


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Second you dance.
Third you wipe off all the pussy.
#3
Paint the amp pink, add some flowers and whatnot. They won't want it back.
Quote by Pleasure2kill
The truth is, Muslims never apologized for their faith having something to do with the attacks on 9/11.
#4
That guy sounds like a dick.


If he gave it you, then he shouldn't be able to take it back. I mean, what exactly is he going to tell the police? "Yeah, i gave this kid my amp, and now i want it back, so go get it for me."
Sail upon the open skies
Last edited by angusfan16 at Jul 5, 2010,
#5
Quote by damian_91
Paint the amp pink, add some flowers and whatnot. They won't want it back.


I like your thinking...
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oh my god! guitarViking is a genius... respect !!!

I'm GuitarViking! Don't you forget it!
#8
Just show the cops this thread, that'll show 'em. Police usually use forums like this one for evidence.
The playground of the world
#9
You can't file a report of theft, if you gave it to them.

SlayingEdit:

Replace 'You' with 'sonofabitch' and 'them' with 'you.'
Last edited by SlayingDragons at Jul 5, 2010,
#10
Quote by angusfan16
That guy sounds like a dick.


ololololo
❝Don't be afraid of death, but of an inadequate life❞
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#11
Judging from his actions, the person mentioned in the anecdote reminds me of male genitalia.
BLUEGREEN


Quote by sashki
Jazz III. It's not my choice. It's the correct choice.
#12
Quote by SlayingDragons
You can't file a report of theft, if you gave it to them.



I know that, but he's going to tell the police that we "took" the amp without their permission.
#13
Quote by ethan_hanus
Put the old tubes and fuse back in, and give it back, you don't want any legal issues man, the lawyer fee's are not worth the effort.


I think this is the best solution.
Quote by apple_apple
oh my god! guitarViking is a genius... respect !!!

I'm GuitarViking! Don't you forget it!
#14
Ask him to pay for the repairs or otherwise put the old fuse etc back in it and return it. Possibly replace one of the valves that worked originally with a broken one too.

"The mind is its own place, and in itself

Can make a Heav'n of Hell, a Hell of Heav'n"

- John Milton, Paradise Lost
#15
Complain to the police that "Dick" didn't pay you for fixing his amp.
#16
Quote by RideJohnnyRide
I know that, but he's going to tell the police that we "took" the amp without their permission.

Then ask the police who do they like more, you or dick. After all, it's your word against his.
Quote by Pleasure2kill
The truth is, Muslims never apologized for their faith having something to do with the attacks on 9/11.
#18
Quote by ethan_hanus
Put the old tubes and fuse back in, and give it back, you don't want any legal issues man, the lawyer fee's are not worth the effort.


This, exactly.

And go re-read your own OP, TS; "Dick" did NOT tell you that you could have the amp, nor did he "give" it to you; your friend told you that "Dick" told him that you could take the amp so as far as your concerned it is still "Dick"s amp, no matter what you did to fix it etc.
#19
Quote by ethan_hanus
Put the old tubes and fuse back in, and give it back, you don't want any legal issues man, the lawyer fee's are not worth the effort.


This is your best bet right here.


Also, you could rewire the amp so that when they turn it on, it blows up........but then you would be charged with murder....lol


Actually yeah, ignore what i said and just go with what Ethan said....
BLUEGREEN


Quote by sashki
Jazz III. It's not my choice. It's the correct choice.
#20
Quote by damian_91
Then ask the police who do they like more, you or dick. After all, it's your word against his.


and you might want to fellate the police, too, I mean, you're never too careful, they might like him more than you...
funkyducky


Icing happen when de puck come down, BANG, you know,
before de oder guys, nobody dere, you know.
My arm go comme ça, den de game stop den start up.

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#21
It was a gift.

/thread
Most of the important things


in the world have been accomplished


by people who have kept on


trying when there seemed to be no hope at all
#22
Quote by metallicafan616
Ask him to pay for the repairs or otherwise put the old fuse etc back in it and return it. Possibly replace one of the valves that worked originally with a broken one too.


Then place the highest ohm resistor you can find before the volume pot.
#23
Quote by Nickpocalypse
This, exactly.

And go re-read your own OP, TS; "Dick" did NOT tell you that you could have the amp, nor did he "give" it to you; your friend told you that "Dick" told him that you could take the amp so as far as your concerned it is still "Dick"s amp, no matter what you did to fix it etc.



I understand what you mean, but either way that means that the amp is our vocalist's now; who then gave it to me. That just makes it even harder to solve. I just don't see how the police can physically ask me to give something back that was given to me, and honestly, why would they wait this late to file a stolen property report?
#24
It wasn't his to give away. He is probably in more hot water than you are but still. You knowingly didn't receive it from the owner.
Been in Japan since August, no fucking money left!
#25
Nemo dat quod non habet.

If it wasn't his to give, he couldn't give you it (that applies to Dick and your friend).

Unfortunately the only real thing you can do is to put it back the way it was and give it back. Some people are dicks, just get on with it.
Rhythm in Jump. Dancing Close to You.

Quote by element4433
Yeah. people, like Lemoninfluence, are hypocrites and should have all their opinions invalidated from here on out.
#26
Quote by GaijinFoot
It wasn't his to give away. He is probably in more hot water than you are but still. You knowingly didn't receive it from the owner.



Yeah, I totally see what you're saying. But, I really want to know how it could even be proved that it was stolen and not given, although any criminal could plea the same thing (unless it is a car or something extravagant like that). If I don't have it, then what would be done?
#27
He gave away someone else's property He obviously screwed up and is now panicking, hence the threat of Police action.

As shit as it is, you've got to give it back.

Or you could say that you already sold it because you believed that it was now your property.
RIP Tom Searle.
#28
Quote by RideJohnnyRide
Yeah, I totally see what you're saying. But, I really want to know how it could even be proved that it was stolen and not given, although any criminal could plea the same thing (unless it is a car or something extravagant like that). If I don't have it, then what would be done?

Look outside your window, do you see a house? you can have it if you want. I won't even charge you.
Been in Japan since August, no fucking money left!
#29
Quote by MH400
He gave away someone else's property He obviously screwed up and is now panicking, hence the threat of Police action.

As shit as it is, you've got to give it back.

Or you could say that you already sold it because you believed that it was now your property.



I'm sorry for not making this clear as I've noticed in a couple of posts that people are saying that he's feeling the heat. BOTH "Dick" and his bandmate would file the police report. The reason "Dick" gave it to us was because it was at his house (since he plays drums) and he was given permission to do it. But I was wondering what would come of it if I said that I sold it?
#30
That's why you wanna get this stuff in writing. I say either charge him for the repairs, or put it back in its original state, and give it back.
I'm rgrockr and I do not approve of this message.
#31
Quote by RideJohnnyRide
I'm sorry for not making this clear as I've noticed in a couple of posts that people are saying that he's feeling the heat. BOTH "Dick" and his bandmate would file the police report. The reason "Dick" gave it to us was because it was at his house (since he plays drums) and he was given permission to do it. But I was wondering what would come of it if I said that I sold it?

they'd ask you who you sold it to and then you could still be held liable for the amount the amp was worth.

or at least that's how UK law works. The US uses the Nemo Dat principle as far as I can tell but I don't know whether the owner can choose who to recover from.
Rhythm in Jump. Dancing Close to You.

Quote by element4433
Yeah. people, like Lemoninfluence, are hypocrites and should have all their opinions invalidated from here on out.
#32
I still seriously think you should put a super high ohm resistor in front of the volume pot, then give it back. >.>
#33
Alright, well I am just going to wait until the threat of filing the report is not just a scare tactic. If police tell me to give it back I'll comply, so I guess I'm just going to take the parts that I replaced back out of there. I'll just look at it this way, Best Case Scenario: I get to keep the amp, Worst Case: I have to give it back but the parts I put in are interchangeable, so technically I never lost money (that is until I have to actually buy a new head).
#34
I doubt he'll go through with the charges... especially for an amp head. I will almost guarantee it's all talk.
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#35
Well.

How would the cops know it wasn't yours from jump street. Unless they have a receipt or something, which I doubt. You could always just play like it was yours the whole time, because it seems in this situation, the cops may think Dick is trying to steal your amp.

Unless there's some documented/written something that shows he originally owned it, i think you'll be fine. And if they do say give it back, I doubt you get charged. Probably just be asked to give it back, if they do then give it back.

Hope that helps.
RIP Terje (Valfar) Bakken
#36
when i was 8 my black friend came over and when he left i couldnt find my nintendo game and since he was black i said he took it because i was a racist child. it was under my bed. we became greater friends after that incident, somehow
'never a victim,' the role model said,
bang-bang, the bad guy is dead,
always a rockstar on eMpty TV,
the lesson complete, now the child has needs.
#37
Quote by acidhendrix
Well.

How would the cops know it wasn't yours from jump street. Unless they have a receipt or something, which I doubt. You could always just play like it was yours the whole time, because it seems in this situation, the cops may think Dick is trying to steal your amp.

Unless there's some documented/written something that shows he originally owned it, i think you'll be fine. And if they do say give it back, I doubt you get charged. Probably just be asked to give it back, if they do then give it back.

Hope that helps.



the worst thing you could do if he goes to the cops would be to say it was yours the whole time. pretty much makes your argument null because well... there would be proof out there that it was originally his. his parents, your parents, pictures of him with it, a record of the purchase from the store, so many ways. if you're gonna settle it with the law, for god's sake, don't make up a fake story
'never a victim,' the role model said,
bang-bang, the bad guy is dead,
always a rockstar on eMpty TV,
the lesson complete, now the child has needs.
#39
Do you have any proof of the said "agreement"? Like, is it a "verbal contract" or do you have any substantial proof, I.E a text message saying you could have it? If not, then you don't have much. And well, if it wasn't his to give away the decent thing to do is to give it back to the other guy. Imagine if your amp was given away by your friend, and the guy wouldn't return it because "Well... He gave it me"
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