lawyers, i need advice! *UPDATE*

[Savarak]

Originally posted by: zayened
2 weeks later, he called my cell phone and talked to my brother. He told my brother that he wanted the gun back. Fine. I was busy for a bit, but finally 2 weeks after the phone call, I made it in. When I walked in, he said, "That's a mighty fine Mac11 you got there." Basically, he told me that he had to sell my paintball gun to profit due to the fact that I had the Mac11 too long. Is that legal? He pointed at a sign he has in his store that says "Not responsible for merchandise left over 30 days."

Sounds like 4 weeks to me... thats very close to 30 days... still, you waited too long, esp if something that costs more than an old used car...

 

[Nuriko]

A few questions I think that are important. What is the market value of the paintball gun? Was the $600 figure new or used? Any idea how much it was sold for? Any idea who it was sold to? What are the exact dates in the various transactions?

Basically, here is what I'm thinking. Basically a lot depends on the dates. If he sold the gun before the 30 days (hence the dates) you can bust (read: sue) him on conversion and trepass to personal property. Then you can go to the guy that it was sold to and reclaim it since you have the title (you will need proof of ownership like an envoice or even a bill for it) and leave the buyer holding the bag. It's not a nice thing to do, but you can. If the buyer fails to give it up, you can report them to the police for possession of stolen goods.

Notice I used a lot of IF's. It really does depend on more than the info that you have given us. The above is just my best attempts at advice and is no substitute for meeting with a real lawyer (which you SHOULD do asap).

 

[lizardboy]

Originally posted by: 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."

What class, contracts or torts?

 

[Kroze]

i would of just wreck havocs to his life. sometimes end them too. err...i mean....err.... nice happy rainbow.

 

[Siddhartha]

Originally posted by: zayened
Ok. Here's what happen. I went to a place called aggressive Paintball and got my paintball gun fixed. When I went to pick it up, I noticed a really nice Mac11 airsoft gun. I asked if I can borrow the airsoft and that I would leave my paintball gun there as collatoral. Fine. I took the airsoft gun. 2 weeks later, he called my cell phone and talked to my brother. He told my brother that he wanted the gun back. Fine. I was busy for a bit, but finally 2 weeks after the phone call, I made it in. When I walked in, he said, "That's a mighty fine Mac11 you got there." Basically, he told me that he had to sell my paintball gun to profit due to the fact that I had the Mac11 too long. Is that legal? He pointed at a sign he has in his store that says "Not responsible for merchandise left over 30 days." He doesn't even have proof that he had it over 30 days, but then again i dont have proof that he didnt have it over 30 days. What can/should I do? How far would a civil suit go? PLEASE HELP!!!

value of airsoft gun = $75
value of paintball gun = $600

Well, I went back to the place today and asked if he had my gun. He said no he didn't. When I came at him with all this legal stuff, he quickly asked me to leave his property. I told him that I wasnt going to leave until I got my gun back. He said he was going to call the police and I told him I dont care. He ended up calling and I ended up getting kicked out. I do plan on filing a civil suit against him. Does anybody know how much $ that is? I'm wondering if I should take him to judge Judy? Anyway, I messed up pretty good with this one.

You never know a lawyer might be able to put the fear in the store.

 

[FatJackSprat]

Originally posted by: lizardboy

Originally posted by: 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."

What class, contracts or torts?

I don't remember, but I'm pretty sure torts. After reading Nuriko's post I do remember the point of the topic though. The rule doesn't protect the merchant, it's for the protection of the buyer. Since the buyer got it from someone that deals it that type of merchandise he has legal title now and the original owner can't take it from him, even if the paintball gun guy wasn't legally permitted to sell it.

 

[OZEE]

He probably figured you'd stolen HIS gun -- after all, you'd had it for a month with no contact back to him.

Over if fs/ft - that kind of behavior gets you labelled as a *TROLL*