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  1. #1
    Newbie beachers78's Avatar
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    Gave friend guitar as collateral, now he will not return

    Opinions wanted, please.

    I gave a friend a guitar as collateral for a loan, then we had a falling out over another matter. Now I want to repay the loan and get the guitar back, but he refuses to give it back. There is no written agreement. He says since it's in his home, it's his- too bad. IMO it's worth far more than the loan but I really can't show that.
    Is this " stealing" that I could make a police report on ? Would that be a false accusation? Any suggestions as to a legal course of action?

  2. #2
    Thailand Expat cyrille's Avatar
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    Buy a harmonica.

  3. #3
    Not a Mod.
    Begbie's Avatar
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    I would not involve the police.

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    Thailand Expat AntRobertson's Avatar
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    Quote Originally Posted by cyrille
    Buy a harmonica.
    Or a violin.

  5. #5
    Newbie beachers78's Avatar
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    Quote Originally Posted by Begbie View Post
    I would not involve the police.
    Because why?

  6. #6
    Thailand Expat

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    Where are you?...The law may be different in certain countries and areas...

    But I feel you are "hooped"...Possession is 9/10 ths, and all that shite...Your word against his...

    Speaking of music theft:

    I know a lady who let another lady store a piano for her when she was going through a divorce...The woman won't give it back and that's the end of it...

    Skin flutes are different kettles of fish...And cleavers, too...

  7. #7
    I am in Jail

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    Buy new guitar...

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    U got his money.
    He got your guitar , I think end of.
    I can hear him strumming stairway to heaven right now.

  9. #9
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    time to sing the blues

  10. #10
    Thailand Expat

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    Quote Originally Posted by Nicethaiza
    Buy new guitar...
    Smart ass...Heh...

  11. #11
    I am in Jail

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    Or buy a gun heh...

  12. #12
    Thailand Expat

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    ^ You could be a handful...

  13. #13
    Philippine Expat Davis Knowlton's Avatar
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    but you're .

  14. #14
    Thailand Expat VocalNeal's Avatar
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    If you have any mutual friends they could arbitrate?

  15. #15
    Newbie beachers78's Avatar
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    Quote Originally Posted by VocalNeal View Post
    If you have any mutual friends they could arbitrate?
    The falling out was heated and there are a lot of bitter feelings.
    So legally it appears his choice as he has possession of the disputed item, to honor the agreement.

  16. #16
    Thailand Expat

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    Yeah, and he'll never get over it...Unless he gives it back...

    All you gotta do is move on...

  17. #17
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    Police. It's theft. And under the law, an agreement can indeed be verbal and enforcable. It may pay to first contact him and lead him into saying something that shows he knows full well that the guitar is yours and that he's reneging. Think about leading him, but don't be obvious. You'll need that conversation witnessed or recorded or better yet as an email of FB convo.
    Once you have the evidence, go to the cops.

  18. #18
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    Quote Originally Posted by beachers78 View Post
    Quote Originally Posted by VocalNeal View Post
    If you have any mutual friends they could arbitrate?
    The falling out was heated and there are a lot of bitter feelings.
    So legally it appears his choice as he has possession of the disputed item, to honor the agreement.
    Unless it is some guitar that waaaayyyy exceeds the value of the loan, your best bet is to write it off to experience. There is a reason behind the phrase "neither a lender nor a borrower be" (actually from Hamlet, IIRC).

    The police (in Thailand) really do not like to get involved in this sort of stuff - UNLESS - there is a big pay off in it somewhere. Involving a lawyer is going to be expensive - and you have a good chance of losing as there was only a verbal agreement. You say it was a guarantee against a loan, he could say he bought it off you - your word against his.

    Look at it another way - whatever the ins and outs of your argument with your ex-"friend" - losing the guitar might be a small price to pay to be shot of him.

  19. #19
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    Who do you know? That is your only effective recourse to the law here. Or the outlaw.
    Otherwise keep the money, and consider it payment for a second hand guitar. Next time get the Agreement in writing.

  20. #20
    I am in Jail

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    Quote Originally Posted by beachers78
    Gave friend guitar as collateral
    Is he your close friend?

  21. #21
    Thailand Expat

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    Not anymore...

  22. #22
    Thailand Expat jabir's Avatar
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    Quote Originally Posted by Maanaam View Post
    Police. It's theft. And under the law, an agreement can indeed be verbal and enforcable. It may pay to first contact him and lead him into saying something that shows he knows full well that the guitar is yours and that he's reneging. Think about leading him, but don't be obvious. You'll need that conversation witnessed or recorded or better yet as an email of FB convo.
    Once you have the evidence, go to the cops.
    Ditto. Similar situation a while back involving mutual friends and several properties, she got him to brag on record and that was it, resolved. Your guitar is unlikely to reach court and as others have said cops are hopeless if there's nothing in it for them, but they can influence outcomes if they believe you, and there's no reason why they shouldn't since they know like you know if you live here that foreigners tend not to get them involved for no reason.

    A purchase or service receipt, or pics of you with it over time and places would help on the cop route. And it's not easy to keep guitars a secret, so don't you have others that can vouch it was yours before you hocked it?

  23. #23
    Newbie beachers78's Avatar
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    Quote Originally Posted by Maanaam View Post
    Police. It's theft. And under the law, an agreement can indeed be verbal and enforcable. It may pay to first contact him and lead him into saying something that shows he knows full well that the guitar is yours and that he's reneging. Think about leading him, but don't be obvious. You'll need that conversation witnessed or recorded or better yet as an email of FB convo.
    Once you have the evidence, go to the cops.
    Yes I thought of that. So far he's not playing into that and just keeps mum and as far as getting the agreement on record, that won't happen.

  24. #24
    I am in Jail
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    Quote Originally Posted by beachers78 View Post
    Opinions wanted, please.

    I gave a friend a guitar as collateral for a loan, then we had a falling out over another matter. Now I want to repay the loan and get the guitar back, but he refuses to give it back. There is no written agreement. He says since it's in his home, it's his- too bad. IMO it's worth far more than the loan but I really can't show that.
    Is this " stealing" that I could make a police report on ? Would that be a false accusation? Any suggestions as to a legal course of action?
    How much money, for how much time?
    What kind of guitar?
    What kind of falling out?

    Suggesting a police report, me thinks you might be a dick.

  25. #25
    Newbie beachers78's Avatar
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    OK seems I've lost the guitar, and learned a lesson. Thanks all, for the responses.

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