A long time ago I lent my brother my amplifier. It was old and needed work but he was happy using it. He lives in Cincinnati so I don't see him very often. His wife is at odds with everyone in our family so they don't visit anymore and usually I just text to check in from time to time. That's just to explain there was a lot of time since we last saw each other and how this could have happened without my knowledge.

Back to the issue at hand, recently I visited a friend in town and he shows me his collection of Marshall amplifiers and there is mine in the collection. I ask him how he got my amp and he said "that's not yours, that's Jim's (a mutual friend, not the guy I was visiting) amp". Let's just say I was sure it was mine but asked my brother about it after I left my friend's house.

My bro said it was my amp but he didn't remember the circumstances and called Jim.

I've been friends with Jim for many, many years. Much longer than he was friends with my brother or the friend I visited with the amp collection. Recently, however, he's become distant and anti-social and refuses calls and doesn't return texts. I say this because if this is friendship ending, I'm ok with it.

My brother reports that, while he doesn't remember, Jim says that bro sold him the amp a couple years ago and Jim put some loot into repairs and got it working well and it's his.

Anyway, it wasn't my brother's amp to sell, Jim knew it was mine. I don't know how either thought this was OK. It's boggling.

Do I just go get it? Do I just make a deal with Jim for the money he put into it? Do I have any legal recourse if he continues to lay claim to it?

I would think that you'd have to have your brother buy it back from Jim and give it back to you.

I doubt Jim knew it was yours unless he told you outright that he knew it was yours when he bought it. But that doesn't mean that he knew it wasn't your brother's to sell.

There's always small claims court - against your brother.

quote:

Originally posted by Shaql:
I would think that you'd have to have your brother buy it back from Jim and give it back to you.

I'll run it past him and see what he can come up with.

quote:

Originally posted by Shaql:
I doubt Jim knew it was yours unless he told you outright that he knew it was yours when he bought it. But that doesn't mean that he knew it wasn't your brother's to sell.

Jim knew it was mine when he made a deal with my brother. He knew.

Concerning small claims, he's in another state.

Regardless if Jim knew it was yours, he may or may not have known whether your brother has authority to sell it (on your behalf?).

IANAL, but I think the recourse in this situation is against your brother, not Jim.

quote:

Originally posted by exx1976:
IANAL, but I think the recourse in this situation is against your brother, not Jim.

OK, let's say I just go get it and take it home. Then Jim can deal with my brother. Is there any issue with that? I don't really care that he put money into my amplifier.

quote:

Originally posted by mark123:

quote:

Originally posted by exx1976:
IANAL, but I think the recourse in this situation is against your brother, not Jim.

OK, let's say I just go get it and take it home. Then Jim can deal with my brother. Is there any issue with that? I don't really care that he put money into my amplifier.

Unless Jim is willing to give it to you, do NOT do this. As far as he's concerned, he's the bona fide owner of that amp and all that the police will care about is that you removed it from his property without permission. That is ALL they will care about.

Your action in small claims court, if you went that way, would be against Jim and maybe your brother, but you would certainly not proceed against your brother without Jim as a defendant.

Read my signature line and then go consult a Pennsyltucky lawyer for qualified, local advice.

-Rob

I think if you just go and get it uou will be dealing with the police.

Your brother is the douche, not Jim.

Bob

I can't imagine there is that much value in the thing. Not worth the heart burn is it.

The " I can't remember" etc. etc, etc. riiiiigggghhhhttttht

Write it off brother. Ain't worth it.

Leave it where it's at. Either go through small claims against both of them or
just let it go.

Personally, that's what I would do, let it go.

Highly recommend not going to take your amp back from Jim.

Im sure this amp is not just sitting on Jims front porch so Im not exactly sure how you would just go and get it.

As much as you want to blame Jim its your brother you should have the issue with.

IANAL, but, I am pretty certain you cannot legally just walk onto somebody's property and take something, even if it's clearly yours.

My brother pulled a similar stunt. After that and other incidents we became estranged. I haven't seen him, nor communicated with him, in going on 18 years. Nor have I any plans to do so in the next 18.

See: You can pick your family.

That's a shitty brother right there....

I agree finding the patience to accept this is lost is the right, though tough, answer.

unless it's rare or you are emotionally attached
then just approach them both, let them know it's yours and would like to get it back, see whats offered up, a hundred bucks will be cheaper than your lost time chasing an amp in court in Ohio.

quote:

Originally posted by old rugged cross:
I can't imagine there is that much value in the thing. Not worth the heart burn is it. ...

What do you think?
https://reverb.com/price-guide...uper-bass-1968-black

One of life's lessons that it took me a long time to learn is:

Don't go down a road that doesn't lead to anyplace good.

It sounds like you haven't used the amp and didn't even think about it till you found it your friends house.

What good is going to come from trying to get it back. Possibly a visit from the police? Fights with your brother? Fights with Jim. Fights with a guy that actually has possession of the amp?

Your brother sold your stuff, or lost your stuff. Your brother owes you an amp. Whether you want to try to get the worth of the amp from him is up to you.

The rest of the people involved are folks are just along for the ride. The issue is with your brother. Is it worth it to force him to right his wrong? Is that road worth going down?

I texted my bro about it and I'll let you guys know what he comes up with.

quote:

Originally posted by Chance:
... Is it worth it to force him to right his wrong? Is that road worth going down?

If he won't make an effort, I'll let it go. It's just a thing, right? I do want it back but if an ex-friend wants it more than me then that's how it goes, I guess.

How long is a long time ago?

How much is the amp worth in the condition you lent it to your brother? How many years ago did you lend it to your brother.

I'm not a lawyer, but from a legal standpoint, you don't have much to stand on and do not repossess the amp from it's current owner. First, you'd have to prove that you have legal ownership and it is your amp. Then you would have to go through the court system. Do you have a reciept from when you bought it with a serial number on it?

quote:

Originally posted by a1abdj:
How long is a long time ago?

Well, I let my bro borrow it probably ten years ago but I have no idea when the sale went down. I personally bought the amplifier back in 1985.

I truly believe my bro doesn't remember. Not sure if it was alcohol or weed induced. He's clean now so I won't hold it against him.

I think that's where you're screwed from a legal standpoint. If you loaned it to him 10 years ago and never made any effort to get it returned, it would likely be considered abandoned. At that point it's your brother's to do with what he wishes.