Consumer Law, Warranties Custom painting shop won't return my guitar

[targethead]

I paid to have my Les Paul guitar custom painted by a business in Tennessee. This transaction was agreed to over email and in phone calls and was paid for in advance using PayPal. Included in the payment, was return postage for the guitar. I mailed the guitar over a year ago and have yet to receive it or the agreed upon service. I asked for the business to send my guitar back to me and refund the cost of the service, but they refuse to communicate or return my property. I know I can file a suit in small claims, but that is not really a good option, as I live in Colorado and the business is in Tennessee. My guitar is worth $1500, but I'd spend that just traveling to court and back, not to mention missed time at work. Here is my question: When a business won't return your personal property (payment for services aside), doesn't that constitute theft? I'm trying to figure out what options I have to get my property back. Thanks for any advice. I've included the BBB complaint timeline for reference. The complaint has been closed, as the business never responded to it.


March 23, 2011 Through email, the business owner acknowledged that the guitar had been delivered and he had it in his possession.

May 5, 2011 I contacted the business owner on email to check the status of the work on the guitar. He called me on my cell phone to say that he was delayed by a flood and would not be able to complete the work until the 3rd week of June. I agreed to the new schedule and told him I would contact him in June.

June 22, 2011 I contacted the business owner on email to check on the status of the work on my guitar. I did not receive any return message or call from him.

July 8, 2011 I contacted the business owner on email to check on the status of the work on my guitar. I did not receive any return message or call from him.

July 14, 2011 I contacted the business owner on email to check on the status of the work on my guitar. I did not receive any return message or call from him.

August 2, 2011 I contacted the business owner on email to check on the status of the work on my guitar. I did not receive any return message or call from him.

September 9, 2011 I contacted the business owner on email to check on the status of the work on my guitar. I did not receive any return message or call from him.

Oct 11, 2011 I contacted the business owner on email to request the return of my guitar, along with a refund of $350 to my paypal account. I informed him that I would allow him to use the additional $30 I sent as part of the total payment for return delivery charges. I also informed him that I would be leaving the country in November of 2011 and would be gone for 4 months. I expected that my guitar would be returned before I came home in late March of 2012. I did not receive my guitar or refund. I also did not receive any return message or call from him.

 

[army judge]

You'll never see your guitar again.
Guitar man done took your guitar and gone AWOL.
You've obviously been scammed.
In your case, even small claims couldn't help you.
Why?
Because small claims courts can't issue injunctive relief.
Small claims courts can only award monetary damages.
But, that doesn't mean you walk out with a check.
You leave with an order saying XXX owes ZZZZ $200!
Then, ZZZZ, has to try to collect what she can from the deadbeat XXX.
Your best recourse might be to forget it, it's gone.
But, if that sticks in your gullet, contact the police in TN.
They might be able to prosecute the thief.
That's doubtful, because the thief probably lives in parts unknown, maybe in another country.
The guitar has value to you, but the cops probably will politely tell you, they can't do anything.
But, it won't cost you anymore to try.

 

[targethead]

I can understand your response that he is a normal thief. However, this guy has a pattern of holding onto instruments for years, but eventually returning them. I just don't want to wait years and he told me it would take weeks. I didn't do my homework before I shipped the guitar (my fault). Now, I'm just trying to figure out what my legal options are for getting the guitar back from him. He has a known address and hasn't fled the county. I recently read a story about a guy who drove to his house with a local cop and got his guitars back. This guy had held them ransom for over two years, while ignoring all emails and calls from the owner. I'm wondering how to get him to send my guitar back without jumping on a plane and incurring more expense.

 

[army judge]

I can understand your response that he is a normal thief. However, this guy has a pattern of holding onto instruments for years, but eventually returning them. I just don't want to wait years and he told me it would take weeks. I didn't do my homework before I shipped the guitar (my fault). Now, I'm just trying to figure out what my legal options are for getting the guitar back from him. He has a known address and hasn't fled the county. I recently read a story about a guy who drove to his house with a local cop and got his guitars back. This guy had held them ransom for over two years, while ignoring all emails and calls from the owner. I'm wondering how to get him to send my guitar back without jumping on a plane and incurring more expense.

I think you answered your own question, if you want to get the guitar returned to you.
The other guy, the cop, a visit to his house; the guy obviously doesn't care.