lawyers, i need advice! *UPDATE*

[flot]

Was the airsoft gun you walked out with for sale???

I'm confused, I can only assume you _thought_ you had a much friendlier relationship with the store owner than you really did ??

 

[Turkish]

Originally posted by: zayened

Originally posted by: Xiety
You might have priorities but he has a business. Maybe he was going to loan that airsoft gun to someone else and make profit. But since you had it, he couldn't and he sold your paintball gun. I don't feel sorry for you, you deserved it. 2 weeks is a long time.

i'm not asking for your sympathy, just your advice. me being a stupid idiot isnt advice either as that cant possibly help me in the situation. thanks for your input though.

I didn't say you were a stupid idiot, or did I?

Anyways, i think you fvcked up dude, it's not cool.

As others said, best you can do is, go talk to him, apologize, give him some $$ and ask for your gun back (hoping he still has it).

 

[PlatinumGold]

Originally posted by: zayened
oh yeah, the gun was used. they had my gun for almost a month just to fix it. i never told him it was for an hour of use. he did call me 2 weeks later, but didnt even talk to me. he talked to my brother.

hmmm, let's turn this around for a bit. let's say you were a trader on AT. let's say someone paypaled you funds and you didn't contact him for TWO Weeks, then he attempted to contact you and only got your brother BUT you still didn't even bother to pm the trader, do you think by then they WOULDN'T have called the TROLL busters on you??

Comon. NOWHERE did you say that you called this guy to inform him that you would be returning his property, WHAT did you THINK would happen??

 

[Mill]

I just did some limited reading of IL law, and it seems like you have a pretty good case. He has to notify you that you are default of your agreement(if you were in fact in default by exceeding the time limit he gave).

Did he call and say he was going to sell your gun unless you brought his back? Unless he put a public notice out, or has RECORDS where he contacted you, then I would say you have his ass in a bind. Since you used your gun as collateral, he has to give you some type of notice before he can sell the collateral to recoup any losses he may have had. I am assuming he didn't contact you, so I would let him know you want your 600 bucks or your gun back immediately.

Cliff Notes:
You entered into a verbal contract without specificity of a time period that his property should be returned.
You returned the gun after a time-period he felt was too long, and has already "sold" your gun to recoup his losses.
He didn't attempt to contact you in private or with a public notice.
Therefore, he owes you the money or the gun back, providing that you returned his property in the orginal shape.

Someone feel free to correct me if I am talking out of my ass here.

 

[Mill]

PEOPLE QUIT THINKING OF THIS AS AN ETHICAL OR PRIVATE TRADE TYPE OF MATTER. He had a verbal contract with a business and in doing so protected himself against his property being sold to satisfy his debt. Sheesh. Just because something is logical or just to you doesn't mean it is the law.

 

[Mill]

Originally posted by: PlatinumGold

Originally posted by: zayened
oh yeah, the gun was used. they had my gun for almost a month just to fix it. i never told him it was for an hour of use. he did call me 2 weeks later, but didnt even talk to me. he talked to my brother.

hmmm, let's turn this around for a bit. let's say you were a trader on AT. let's say someone paypaled you funds and you didn't contact him for TWO Weeks, then he attempted to contact you and only got your brother BUT you still didn't even bother to pm the trader, do you think by then they WOULDN'T have called the TROLL busters on you??

Comon. NOWHERE did you say that you called this guy to inform him that you would be returning his property, WHAT did you THINK would happen??

A trade is a little bit different, because BOTH people had something of value. The guy had collateral and was not hung out to dry here. He had something that assured him that zayened would return. If ANYTHING this guy is taking advantage of zayaned not matter how lazy the OP may be.

 

[PlatinumGold]

Originally posted by: Millennium

Originally posted by: PlatinumGold

Originally posted by: zayened
oh yeah, the gun was used. they had my gun for almost a month just to fix it. i never told him it was for an hour of use. he did call me 2 weeks later, but didnt even talk to me. he talked to my brother.

hmmm, let's turn this around for a bit. let's say you were a trader on AT. let's say someone paypaled you funds and you didn't contact him for TWO Weeks, then he attempted to contact you and only got your brother BUT you still didn't even bother to pm the trader, do you think by then they WOULDN'T have called the TROLL busters on you??

Comon. NOWHERE did you say that you called this guy to inform him that you would be returning his property, WHAT did you THINK would happen??

A trade is a little bit different, because BOTH people had something of value. The guy had collateral and was not hung out to dry here. He had something that assured him that zayened would return. If ANYTHING this guy is taking advantage of zayaned not matter how lazy the OP may be.

overall i agree with you millenium. i just have a hard time with the OP's attitude.

comon, the owner screwed up, but 4 weeks of NO communication by the OP to the store owner?

 

[Mill]

Originally posted by: PlatinumGold

Originally posted by: Millennium

Originally posted by: PlatinumGold

Originally posted by: zayened
oh yeah, the gun was used. they had my gun for almost a month just to fix it. i never told him it was for an hour of use. he did call me 2 weeks later, but didnt even talk to me. he talked to my brother.

hmmm, let's turn this around for a bit. let's say you were a trader on AT. let's say someone paypaled you funds and you didn't contact him for TWO Weeks, then he attempted to contact you and only got your brother BUT you still didn't even bother to pm the trader, do you think by then they WOULDN'T have called the TROLL busters on you??

Comon. NOWHERE did you say that you called this guy to inform him that you would be returning his property, WHAT did you THINK would happen??

A trade is a little bit different, because BOTH people had something of value. The guy had collateral and was not hung out to dry here. He had something that assured him that zayened would return. If ANYTHING this guy is taking advantage of zayaned not matter how lazy the OP may be.

overall i agree with you millenium. i just have a hard time with the OP's attitude.

comon, the owner screwed up, but 4 weeks of NO communication by the OP to the store owner?

Well, think of it this way Lee, what if you rented some tapes from Blockbuster and were 4 weeks late? Do they have the right to charge you for the FULL value of the tape or just the late fees? That's what there are consumer protection laws out there. Blockbuster can only recoup what they lost and can't just charge your debit or CC for the amount of the tapes when you are three days late. Yeah, there was a problem with the lateness, but that doesn't mean zayened should take a 525$ loss.

 

[PlatinumGold]

Originally posted by: Millennium

Originally posted by: PlatinumGold

Originally posted by: Millennium

Originally posted by: PlatinumGold

Originally posted by: zayened
oh yeah, the gun was used. they had my gun for almost a month just to fix it. i never told him it was for an hour of use. he did call me 2 weeks later, but didnt even talk to me. he talked to my brother.

hmmm, let's turn this around for a bit. let's say you were a trader on AT. let's say someone paypaled you funds and you didn't contact him for TWO Weeks, then he attempted to contact you and only got your brother BUT you still didn't even bother to pm the trader, do you think by then they WOULDN'T have called the TROLL busters on you??

Comon. NOWHERE did you say that you called this guy to inform him that you would be returning his property, WHAT did you THINK would happen??

A trade is a little bit different, because BOTH people had something of value. The guy had collateral and was not hung out to dry here. He had something that assured him that zayened would return. If ANYTHING this guy is taking advantage of zayaned not matter how lazy the OP may be.

overall i agree with you millenium. i just have a hard time with the OP's attitude.

comon, the owner screwed up, but 4 weeks of NO communication by the OP to the store owner?

Well, think of it this way Lee, what if you rented some tapes from Blockbuster and were 4 weeks late? Do they have the right to charge you for the FULL value of the tape or just the late fees? That's what there are consumer protection laws out there. Blockbuster can only recoup what they lost and can't just charge your debit or CC for the amount of the tapes when you are three days late. Yeah, there was a problem with the lateness, but that doesn't mean zayened should take a 525$ loss.

again. i agree with you, it's just the whining of the OP against people that called him stupid was grating on me.

also, as to the blockbuster thing, if you take a new release, first week or so and keep it for two weeks, blockbuster stands to lose quite a bit more money than the value of the movie itself. that's why their late fees can be hefty.

 

[Mill]

Originally posted by: PlatinumGold

Originally posted by: Millennium

Originally posted by: PlatinumGold

Originally posted by: Millennium

Originally posted by: PlatinumGold

Originally posted by: zayened
oh yeah, the gun was used. they had my gun for almost a month just to fix it. i never told him it was for an hour of use. he did call me 2 weeks later, but didnt even talk to me. he talked to my brother.

hmmm, let's turn this around for a bit. let's say you were a trader on AT. let's say someone paypaled you funds and you didn't contact him for TWO Weeks, then he attempted to contact you and only got your brother BUT you still didn't even bother to pm the trader, do you think by then they WOULDN'T have called the TROLL busters on you??

Comon. NOWHERE did you say that you called this guy to inform him that you would be returning his property, WHAT did you THINK would happen??

A trade is a little bit different, because BOTH people had something of value. The guy had collateral and was not hung out to dry here. He had something that assured him that zayened would return. If ANYTHING this guy is taking advantage of zayaned not matter how lazy the OP may be.

overall i agree with you millenium. i just have a hard time with the OP's attitude.

comon, the owner screwed up, but 4 weeks of NO communication by the OP to the store owner?

Well, think of it this way Lee, what if you rented some tapes from Blockbuster and were 4 weeks late? Do they have the right to charge you for the FULL value of the tape or just the late fees? That's what there are consumer protection laws out there. Blockbuster can only recoup what they lost and can't just charge your debit or CC for the amount of the tapes when you are three days late. Yeah, there was a problem with the lateness, but that doesn't mean zayened should take a 525$ loss.

again. i agree with you, it's just the whining of the OP against people that called him stupid was grating on me.

also, as to the blockbuster thing, if you take a new release, first week or so and keep it for two weeks, blockbuster stands to lose quite a bit more money than the value of the movie itself. that's why their late fees can be hefty.

Well yeah, that is why they will charge you for each day they could have rented it out. On the other hand, they make a lot of money on late fees, because some movies don't rent out well, but they do get the late fee money on a product that no one else would have rented for weeks.

 

[zayened]

i'm not whining that people are calling me stupid. i know i'm stupid for not getting in touch with him. millenium, could you please tell me where you read up on the law? i want to do some reading myself.

 

[Mill]

Originally posted by: zayened
i'm not whining that people are calling me stupid. i know i'm stupid for not getting in touch with him. millenium, could you please tell me where you read up on the law? i want to do some reading myself.

Goto google and type in Code of Illinois.

 

[CarlKillerMiller]

Originally posted by: lizardboy
You've got a decent case for at least the additional profits he made on the sale beyond what the airsoft gun was worth. Look in the Uniform Commercial Code (UCC) which governs sales of goods.

You're still an idiot.

Nice response

Very "Mormon Kid"

 

[RKS]

Originally posted by: lizardboy
You've got a decent case for at least the additional profits he made on the sale beyond what the airsoft gun was worth. Look in the Uniform Commercial Code (UCC) which governs sales of goods.

You're still an idiot.

UCC is the place to look since the guy will probably considered a 'dealer' of paintball guns. he can sell your item so as not to impead the flow of commerce but you certainly are entitled to any profit he may have made.

 

[zayened]

update.

 

[Mill]

That wasn't the brightest thing to do.

 

[Nebor]

You are truly an idiot. You got what you deserve. Good thing you didn't leave your car as collateral.... Then be too busy for TWO WEEKS not to make a simple erand. Moron.

 

[Yossarian]

What legal stuff did you "come at him" with? "Some guys on a message board said you have to give me my stuff back!!!11"

 

[zayened]

no, i told him that legally, upon me returning what he was holding collateral for, he had to give me back the collateral he was holding. also, he couldnt legally sell my gun without first informing me of his intent to sell it.

 

[Mill]

Yeah, but you should have left when he threatened to call the police. Now he probably has a police report that shows you as a goofball if you take him to small claims.

 

[FatJackSprat]

Giving him the gun for repair created a bailment. A bailment is when you give someone possession, but retain title. I remember something from law school about people that sell a product in the ordinary course of their business being legally permitted to sell like products that are held as a bailment, but I don't recall the specifics. For instance, a watch salesman can sell your watch if you leave it for repair. I don't remember if it was old law just studied for background or if is law that is still around.

I'm just putting this down because you may want to research "bailment."

 

[olds]

Originally posted by: Nebor
You are truly an idiot. You got what you deserve. Good thing you didn't leave your car as collateral.... Then be too busy for TWO WEEKS not to make a simple erand. Moron.

Anyone else getting sick of this turd?

 

[PlatinumGold]

Originally posted by: oldsmoboat

Originally posted by: Nebor
You are truly an idiot. You got what you deserve. Good thing you didn't leave your car as collateral.... Then be too busy for TWO WEEKS not to make a simple erand. Moron.

Anyone else getting sick of this turd?

i was sick of him since the very first post of this thread.

 

[Jmmsbnd007]

Originally posted by: zayened

Originally posted by: Skoorb
Honestly man if this is not a fake joking post what were you thinking leaving a $600 gun as collateral on a $75 object for 2 weeks? That's really, really idiotic.

its called priorities. I have a job and stuff. i usually dont get off until 8 pm and thats when the place closes. they close on sundays. i know he's lying about selling the gun and kept it for himself. is there anything i can (legally) do?

Not exactly anything legal, but ruin him otherwise. Notify other players in your area. Catch him playing with it. Report your serial number as stolen. Fvck him over until he gives it back himself if the law won't.

 

[Spencer278]

just go file a small claim case and see what happens can't hurt at this point.