Location: Texas
Hello everyone.
First time suing someone.
My guitar was stolen and sold to a guitar center. I found it and they held it for me while I provided investigator proof of ownership. Took about 3 weeks. Just days before I could go pick it up, they somehow dropped it and it’s a semi hollow, meaning it’s not very dense or sturdy. It got damaged pretty badly.
Anyways, they admitted to the damage, had to hear it from the investigator. Letter signed by an employee. They offered compensation but when it came to it, they wanted me to sign a waiver which included a gag order. And I know this is standard stuff for a corporation but the one other time this happened, the store just covered the damages and we put it behind us.
I asked why they didn’t have my guitar in it’s case, to which the manager said “it didn’t come with a case” just kept giving me the runaround and then she somehow ended up finding my case.
Basically, it left a really bad taste in my mouth and I’m not doing it for the money, tho it would help. It’s more about getting justice and pinning that accountability on them. The whole time the manager was all hand wavy “idk, it just fell, it just happened” but when I inspected their guitar hangers, they were all structurally sound. eventually she admitted to human error, ie someone was careless and dropped it.
So yes, I filed with my local justice of peace. Had to hire a process server out in Dallas since that’s where guitar centers registered agent is.
I just received an affidavit of service from my process server. They’ve been served. I’m not sure what’s to come after this. Do I get an email? Or a letter in the mail? Do they have to respond?
Also an obvious answer here but I should definitely collect my evidence and make a proper case right?
Pictures of the damage, the signed letter, the text messages from the investigator, the audio recording of the conversation had with the manager, where she admitted the guitar could only be damaged if someone dropped it. As well as the emails exchanged that they’d pay the full amount of damages.
I’m sorry if this is way too long and detailed.
TLDR: just got my affidavit of service. What’s next?
Comments
> I’m not doing it for the money, tho it would help. It’s more about getting justice and pinning that accountability on them.
What is the dollar amount of the damage, that you are suing for?
You will be given a court date. Show up with your evidence. Call ahead and ask if the court has tools to play the audio file …but have a laptop or some other backup, so that you’re not depending on them. Ideally, have a transcript of the audio as well; the court may not care to listen to a five minute conversation.
Practice presenting your case in a mirror.
Short, simple, no digressions. No details of your feelings, which friend drove you to the store, etc.
Date of theft. Police report detailing the theft. Guitar Center street address, store ID. Date you learned your guitar was there. Date you learned the guitar was damaged. Name of person you spoke to. Three sentence quote of what they said. Price of a replacement guitar, with evidence. Explanation for why you’re owed 80 / 100% of full price, and not just 50% or whatever is “fair”.
Present that information clearly, not rushed, no extraneous editorializing. The end.
This isn’t really an accountability thing. They damaged your property and owe fixing and are willing to do so. If they will pay id drop the suit and move on.
But yeah, show up to your court date with proof, estimates for fixing