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Marina refusing to release boat to me, is this legal?

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Marina refusing to release boat to me, is this legal?

Old 04-12-2019, 06:11 AM
  #401  
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Originally Posted by CaptnJuff View Post
If you arent a lawyer, or someone who has handled a situation like this in the past, in that state, why bother replying? Now the OP and anyone else curious about the situation has to slug through all these posts; mine included. But maybe someone reads mine and says "hmmm, Im no expert, let me refrain from posting".

Maybe that was OPs mistake, expecting to get sound advice on tht when they should just contact an attorney.
Because most attorneys are scumbags and your fee from them will be more than the yard bill...just talk to the marina, two grown men can figure this out without too much trouble...
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Old 04-12-2019, 06:13 AM
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Originally Posted by Pkomo52 View Post
NC Native. How do judgements in small claims cases actually get enforced. I'm just asking an academic question. I knew a person who sued in SC court and won, but the defendant never paid. This was many years ago. Do the courts have a mechanism to ensure that a plaintiff is paid?
I'm not sure, honestly. But I do know that if you go to traffic court, lose your argument with the judge that you were not speeding at 90 mph, and have to pay a fine you don't leave that courthouse until you've paid it somehow. I would imagine that if you won in small claims court and then the defendant didn't pay, the Sheriff's office would be serving them papers to appear in court to have a conversation with the judge about it.
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Old 04-12-2019, 06:17 AM
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INSIDER;" [color=left=#222222]they viewed the boat AT THE MARINA that means they were there when the marina was OPEN and thus the marina had a chance to make contact with people looking at a boat they know they had a (not legally secured) debt on and ask them what their business is with that boat"

Incorrect. The marina's yard may be open, but the BUSINESS office was most likely closed. The kid that launches boats wouldn't know.[/color]
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Old 04-12-2019, 06:25 AM
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Hey guys, I know I'm just a girl and maybe a "snowflake" at that....(hey, why the political terms?) I have made some mistakes in my 66 years, but I would NEVER buy a 26' boat from a guy at a closed marina, for any price. Lesson learned the hard way. Don't worry, Karma is very real.
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Old 04-12-2019, 06:33 AM
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The title to the OP's thread is a simple question - "Marina refusing to release boat to me, is this legal?" - for which a simple answer can be given - Yes, under Connecticut law "the lienor may retain possession of the vessel until the charges for such work, materials or expenses have been paid or the lien has been dissolved." Nothing in the law provides an exception to the right of the service provider to retain possession if the ownership of the vessel changes hands.

The only argument left is whether the marina has done all the necessary steps to perfect the lien. You might get that resolved in the overburdened court system in two or three years most likely paying more in legal services and costs than the outstanding debt is worth and meanwhile the boat will continue to sit on the hard at the marina until the case is resolved - giving real meaning to the truism that "possession is 9/10s of the law".
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Old 04-12-2019, 06:43 AM
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Originally Posted by NC_Native View Post
I'm not sure, honestly. But I do know that if you go to traffic court, lose your argument with the judge that you were not speeding at 90 mph, and have to pay a fine you don't leave that courthouse until you've paid it somehow. I would imagine that if you won in small claims court and then the defendant didn't pay, the Sheriff's office would be serving them papers to appear in court to have a conversation with the judge about it.
Actually I had this happen to me three weeks ago and no one stopped me from leaving. I said, "I'll pay it online" and if I don't they'll issue a warrant or whatever. If you lose at small claims typically you get a judgement. You can use that judgement to lien bank accounts, garnish wages, etc, if they don't want to pay nicely.

Originally Posted by Pkomo52 View Post
INSIDER;" [color=left=#222222]they viewed the boat AT THE MARINA that means they were there when the marina was OPEN and thus the marina had a chance to make contact with people looking at a boat they know they had a (not legally secured) debt on and ask them what their business is with that boat"

Incorrect. The marina's yard may be open, but the BUSINESS office was most likely closed. The kid that launches boats wouldn't know.[/color]
I can certainly see a situation where people are allowed in and out but not boats. People may be working on the boats on and off throughout the off season.
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Old 04-12-2019, 06:48 AM
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Originally Posted by Whaler27 View Post
The title to the OP's thread is a simple question - "Marina refusing to release boat to me, is this legal?" - for which a simple answer can be given - Yes, under Connecticut law "the lienor may retain possession of the vessel until the charges for such work, materials or expenses have been paid or the lien has been dissolved." Nothing in the law provides an exception to the right of the service provider to retain possession if the ownership of the vessel changes hands.

The only argument left is whether the marina has done all the necessary steps to perfect the lien. You might get that resolved in the overburdened court system in two or three years most likely paying more in legal services and costs than the outstanding debt is worth and meanwhile the boat will continue to sit on the hard at the marina until the case is resolved - giving real meaning to the truism that "possession is 9/10s of the law".
there is no lien.

The marina didnt complete the necessary paperwork and wven told the OP that they didnít have a lien.
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Old 04-12-2019, 07:16 AM
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Originally Posted by cjones1991 View Post


there is no lien.

The marina didnt complete the necessary paperwork and wven told the OP that they didnít have a lien.
Yes and no...The CT law states 60 days after service is complete. Winter Storage was one of their services. They haven't finalized the lien in the courts. Questionable when they would have to. They might be SOL for the engine winterization but likely not for the storage. The Connecticut law for storing and servicing boats is upthread somewhere.
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Old 04-12-2019, 07:16 AM
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i feel sorry for you people that live in a country that the laws protect scum and have laws "that i am reading about in this thread" in place that allow businesses to freely extort money from innocent people by holding their goods, in turn profiteering by marking up storage costs. .

it seems to me the law punishes people for not being diligent by allowing such business to retrieve their costs from those that were unaware when purchase was made that there were funds owing to the marinas , yea due diligence ,would say ask first before buying ,but what if you don't know this , now because of this thread some people are now aware that they ""must "" do this before handing over their hard earned money to a seller, no matter how trusting they are... .

the bill was run up by an unscrupulous person that IMO should be somehow charged as a criminal.
it appears there are no provisions under the laws to do this protecting the Op or anyone else that may find them self in the same position, however there are laws that allow the IMO criminal activity by the marinas that are extorting funds from those that have no recourse,
YES , i 100% agree that the marina should be paid their dues ,but not from the Op by holding him at ransom , they should be going after the scum to get their money's..
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Last edited by 1breakinit; 04-12-2019 at 07:29 AM.
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Old 04-12-2019, 07:24 AM
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Originally Posted by boatruptcy View Post
Again, if you all can sleep at night by harming a completely innocent third party so you can get your bill paid and the law is on your side, go for it. My first post stated that, maybe the law in CT is on the marina's side even if they didn't file a lien, I don't know, either way it's wrong to me. Someone is going to get screwed, you want to use your possession of the boat to do the screwing, I don't like it.
I am with you.. As a one time business owner, I would have never held an innocent party responsible for something like this. Right or wrong.. Legality is one thing, just plain out wrong is another.. Yes, they can but should they? No.. It is the easy way out. They should spend their money going after the original owner/tenant.

Did the guy screw up? Absolutely.. But the yard not trying to work with him at all say all I need to know.. They know they have him bent over the "proverbial" barrel and do not care about him being innocent in this.. That is cruddy..
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Last edited by macabear; 04-12-2019 at 07:47 AM.
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Old 04-12-2019, 07:29 AM
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Originally Posted by 1breakinit View Post
i feel sorry for you people that live in a country that the laws protect scum and have laws "that i am reading about in this thread" in place that allow businesses to freely extort money from innocent people by holding their goods, in turn profiteering by marking up storage costs. .

it seems to me the law punishes people for not being diligent by allowing such business to retrieve their costs from those that were unaware when purchase was made that there were funds owing to the marinas , yea due diligence ,would say ask first before buying ,but what if you don't know this , now because of this thread some people are now aware that they ""must "" do this before handing over their hard earned money to a seller, no matter how trusting they are... .

the bill was run up by an unscrupulous person that IMO should be somehow charged as a criminal.
it appears there are no provisions under the laws to do this protecting the Op or anyone else that may find them self in the same position, however there are laws that allow the IMO criminal activity by the marinas that are extorting funds from those that have no recourse,
YES , i 100% agree that the marina should be paid their dues but not from the Op by holding him at ransom , they should be going after the scum to get their money's..
And what happens if some scum runs up a bill, sells it to his friend for $1, they go get the boat... then sell it back for $1?

The law is blind.. should be.. in this case, it all sucks, for all the victims.. but, it needs to "play out" legally, so all parties can be satisfied. This time, it just happens to be the new owner/OP was given a short stick too.... not the Marina's fault either.

R
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Old 04-12-2019, 07:30 AM
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Originally Posted by 1breakinit View Post
i feel sorry for you people that live in a country that the laws protect scum and have laws "that i am reading about in this thread" in place that allow businesses to freely extort money from innocent people by holding their goods, in turn profiteering by marking up storage costs. .

it seems to me the law punishes people for not being diligent by allowing such business to retrieve their costs from those that were unaware when purchase was made that there were funds owing to the marinas , yea due diligence ,would say ask first before buying ,but what if you don't know this , now because of this thread some people are now aware that they ""must "" do this before handing over their hard earned money to a seller, no matter how trusting they are... .

the bill was run up by an unscrupulous person that IMO should be somehow charged as a criminal.
it appears there are no provisions under the laws to do this protecting the Op or anyone else that may find them self in the same position, however there are laws that allow the IMO criminal activity by the marinas that are extorting funds from those that have no recourse,
YES , i 100% agree that the marina should be paid their dues but not from the Op by holding him at ransom , they should be going after the scum to get their money's..
The marina doesnít give a ratís rear end if the boat was sold, itís not their problem, they did work and stored the boat! As for profiteering, a company has the right to make a profit for their work, this isnít a socialist utopia. The seller is a POS, but thatís the buyers issue. If the marina was adding fake charges, that would be a different ballgame. The bill is against the boat, the new owner is benefiting from the work and the storage, he needs to talk to the marina and try to work something out. If it were a car in my shop, it would be staying until the bill was paid, regardless of an ownership change!
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Old 04-12-2019, 07:36 AM
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I worked for that marina for years. While the owner was alive, we ran it as a family friendly marina, which continues today. It was common for us to be owed money or haul and block the boat in the fall , knowing that we would get paid in the spring for some people that didn't have the cash. The question is not who owns the boat. The marina doesn't want to own the boat. In CT you have to file lengthy paperwork to take possession of the boat, only to sell it at a big discount. In this case, they are simply saying that we won't launch or load the boat until we get paid for the work that was done. They hauled, power washed and blocked the boat in good faith. Should the workers not get paid because the marina took a hit? The buyer should have called the office prior to purchasing. Boats, real estate and businesses are the same . You buy the assets as well as the liabilities. The office would have confirmed money was owed on the boat, and may have even steered the new owner from purchasing the boat. The prior owner lied about the storage owed so he may have lied about the condition of the boat.
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Old 04-12-2019, 07:39 AM
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Originally Posted by jrbarnard View Post
And what happens if some scum runs up a bill, sells it to his friend for $1, they go get the boat... then sell it back for $1?

The law is blind.. should be.. in this case, it all sucks, for all the victims.. but, it needs to "play out" legally, so all parties can be satisfied. This time, it just happens to be the new owner/OP was given a short stick too.... not the Marina's fault either.

R
the marina profiteering from the Ops lack of due diligence , this is wrong in so many ways , they are taking the easy way out to recoup their bill .
my concern is that Op is not some scum selling a boat to a rello and taking the marrina for a ride , he appears to be an innocent person being made a scapegoat under an unjust law system that has no room for discretion..
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Old 04-12-2019, 07:40 AM
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Originally Posted by JONOV View Post
I'd walk in there with $700 and ask if they'd take it and get it out for you now. If they don't, do as the Sheriff suggests.
OP, do this as described above, and be done with it. Do it while your discussion with the sheriff is still fresh in his mind.
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Old 04-12-2019, 07:50 AM
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Originally Posted by Jumpsummo View Post
I think we already resolved the Marina has to be paid. The question is not really who owes but how to exact payment.

Seller is due an ass whipping but today you can't hand those out. Times are different. Day was you hit that liar in the mouth in front of his kids and he knew to go pay that bill or more loose teeth were on the way. He also knew he had it coming and took that whipping.

Now we are sissified, I mean civilized and have to pay lawyers and they're going to screw us out of our money too. Makes me want to puke at the idea the near men have no balls left. No wonder late night TV ads are nothing but testosterone pills.
Absolutely agreed, I was born and raised in the previous time and thatís the way most men understood lifeís consequences to be. Like it or not(I donít), society has changed over the past 50 years. Everything is opposite today and weíre not necessarily in a better place as a result.
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Old 04-12-2019, 07:50 AM
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Originally Posted by Lizard35 View Post
I worked for that marina for years. While the owner was alive, we ran it as a family friendly marina, which continues today. It was common for us to be owed money or haul and block the boat in the fall , knowing that we would get paid in the spring for some people that didn't have the cash. The question is not who owns the boat. The marina doesn't want to own the boat. In CT you have to file lengthy paperwork to take possession of the boat, only to sell it at a big discount. In this case, they are simply saying that we won't launch or load the boat until we get paid for the work that was done. They hauled, power washed and blocked the boat in good faith. Should the workers not get paid because the marina took a hit? The buyer should have called the office prior to purchasing. Boats, real estate and businesses are the same . You buy the assets as well as the liabilities. The office would have confirmed money was owed on the boat, and may have even steered the new owner from purchasing the boat. The prior owner lied about the storage owed so he may have lied about the condition of the boat.
I agree with the what and how here.. But my question is simple: Why are they (Marina) taking such a hard line with an innocent party? Why not take a partial from the guy and go after the original owner? They should have his contact info, some way to reach him.. Again, I will say: Can they do it? sure.. Should they do it? No..
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Old 04-12-2019, 07:52 AM
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Originally Posted by 1breakinit View Post
the marina profiteering from the Ops lack of due diligence , this is wrong in so many ways , they are taking the easy way out to recoup their bill .
my concern is that Op is not some scum selling a boat to a rello and taking the marrina for a ride , he appears to be an innocent person being made a scapegoat under an unjust law system that has no room for discretion..
There is plenty of room for discretion. He is an innocent person in all of this. So is the Marina. You can pick the side of the OP all you want... I did.. but logic says the boat was on their property.... they were owed money... the previous owner, rather than pay that, sold the boat and ran.

Let's say YOU helped a friend out.. he had a car that was broken down and you agreed to fix it if he paid for the parts. The car is in your garage, He says, "I cannot afford that.. " so sells it and leaves town.
Now, someone walks up to your front door and says, "I own that car in your garage. Can you open the door so I can get it out of there?"....if you do it.. good for you.. but ALL the marina is saying is, Not opening the door till the bill is paid. I do not care if you send it to me by carrier pigeon or what.. but I have a signed agreement from the previous owner for work.... and he never paid it.. so, unless you can pull a buckaroo banzai on the boat and pull it through a closed door... go talk to a lawyer.

So, the OP should talk to a lawyer. The legal system decides what is the law.. not you, me.. the op or the marina.. ALL they are saying is.. go get a lawyer because that boat is staying right there till someone either pays me or a court tells me to release it. That is the fair way....


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Old 04-12-2019, 07:52 AM
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Originally Posted by cjones1991 View Post


there is no lien.

The marina didnt complete the necessary paperwork and wven told the OP that they didnít have a lien.
First sentence of the law -- Each vessel, not documented according to the maritime or admiralty laws of the United States, shall be subject to a lien in the amount of a claim of not less than fifty dollars by any person, hereinafter called the lienor, for work done, including the equipping of such vessel with safety devices, materials furnished or expenses incurred in connection with the building, repairing, mooring, dockage or storage of such vessel.

If work was done on this vessel by the marina, then there is a lien as a function of the law. The only question is whether the lien is valid. We don't have enough facts here to determine the validity. It would take years to resolve that in a legal proceeding in court for a cost that is likely to be higher than what is owed to the marina.
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Old 04-12-2019, 07:56 AM
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All you guys quoting the law, etc. is fine, but the OP wants his boat. Go get the sheriff as described above, go get the boat, THEN let the boat yard quote the law. At least in the interim - regardless of what law will eventually say - youíll have your boat in YOUR possession.
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