Klarinet Archive - Posting 000154.txt from 2000/11

From: Gary Truesdail <gir@-----.net>
Subj: Re: [kl] Bass Clarinet back on ebay
Date: Fri, 3 Nov 2000 04:29:51 -0500

I worked for a very short time for a guy that got things back from those who
the thing did not belong or from people that stopped making payments on the
item they had purchased on credit. Most of you know this kind of sleazy person
as the "Rep Man". (sounds like a good title for a jazz tune) We had ways of
getting into a persons domicile and retrieving objects for which they no
.longer qualified as legal owner. At that time (I don't know if it is still
true now) possession was, as they say, .9 this of the law. If someone wanted
to sue you for the return of the item they would not get it back as they were
in default on a loan. They would have to pay the expense and time of going to
court, which they would not do because they would be found to have no grounds
to force possession and recovery. To take something from someone we just
pulled a confusing, fast talking, we're on your side but were tough guys
routine that confused the hell out of the jerk that quit his payments so we
could put our foot in the door, open it, take the object in question, and be
out of there before the guy figured out what happened or before he could get to
his telephone. Sometimes my partner would pull the cable out of the phone so
the deadbeat could not call out.

Could the clarinet be recovered in the same manner, after all, since you never
sold or abandoned the instrument, it DOES NOT legally or morally belong to
anyone else. After the theft everyone involved was proceeding in a good faith
transaction in which the item being sold/auctioned was not truly the property
of those who were buying or selling. So, if laws vary, who does legally own
the items.

wobblier wrote:

> <Jay, if something you care about ever gets ripped off, you'll understand
> what's going on here. I can't speak for David Hattner, but *my* major
> concern is that a thief is getting away with a crime, right here in the
> middle of the clarinet-playing community
>
> Lelia>
>
> Lelia
>
> If I have had something stolen and found out later that someone has the
> item, then the first thing I would do is go to the proper authorities. If
> the insurance company had paid up, then I would notify them first. If, as
> is reported here, the Police had actually recovered the instrument and let
> it pass through their hands I would have that investigated. If the serial
> number was included in the Police report, it would be an easy matter to
> find out if the Clarinet had in fact been recovered. Perhaps the Insurance
> company would have been notified and decided not to recover it.
>
> I would make sue I would cover every legal base first before I tried to
> fire up a group of people on a list to start a writing campaign. So far, I
> have not seen what the response is from the Police, or the Insurance
> company is. It may be that I just didn't catch it.
>
> As far as the seller on ebay goes, if he did buy the instrument
> legitimately from the Police department, than he has every right to do with
> it as he pleases, even if that may upset us. The problem here is not the
> seller on ebay, if what he says is true. It is over worked or incompetent
> Police and Insurance employees.
>
> If I went to a Police auction, I would assume that most of the products for
> sale would have been stolen or confiscated because of some illegal
> activity.
>
> Jay Webler
>
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