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Maritime Law

Old 11-26-2008, 06:18 AM
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Default Maritime Law

Question: What CFR or law governs the seizure of a vessel for services rendered. The scenerio would be at sea after recieving an assistance call, failure to pay upon arrival.





Old 11-26-2008, 06:27 AM
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Default Re: Maritime Law

Good question...research here:

http://www.access.gpo.gov/cgi-bin/cf...i?title=200446

Old 11-26-2008, 06:44 AM
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Default Re: Maritime Law

I have searched through the CFR's with no luck.

Old 11-26-2008, 06:49 AM
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Default RE: Maritime Law

Not sure about siezure you need a US Marshal for that. But you can put a CG lien on the vessel...unfortunately I have to do it once in a while.
Old 11-26-2008, 07:11 AM
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Default RE: Maritime Law

Ludicrous - 11/26/2008 6:18 AM

Question: What CFR or law governs the seizure of a vessel for services rendered. The scenerio would be at sea after recieving an assistance call, failure to pay upon arrival.





I heard about that. Those guys were pretty liquored up the next AM when i saw them. ;?
Old 11-26-2008, 07:25 AM
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Default Re: Maritime Law



Maritime liens are govered by Maritime common law cases and the Federal Maritime Lien Act and 46USC Chapter 313.
http://uscode.house.gov/download/pls/46C313.txt

This http://www.marlegal.com/mllie.html link is also a great article that is not written in legalease lol.

I hope this helps.

Alex
Old 11-26-2008, 05:28 PM
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Thanks everyone. I have a few good links and pm's on this to point me in the right direction.

John, how'd you hear about this one? You'll love my side of the story. It was a great fun filled night, 0230 to 0900 hrs in thick fog, drunkards, police.


Old 11-26-2008, 05:35 PM
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Thick fog, drunkards, police.... You have to tell the story now. Preferably with pics!
Old 11-27-2008, 04:33 AM
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Ludicrous - 11/26/2008 5:28 PM

Thanks everyone. I have a few good links and pm's on this to point me in the right direction.

John, how'd you hear about this one? You'll love my side of the story. It was a great fun filled night, 0230 to 0900 hrs in thick fog, drunkards, police.

I hear everything........................................ ...............
Old 11-27-2008, 07:02 AM
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The statutes are provided above. But, to seize, you need to first file suit and get an order of arrest of the vessel, which you then take to the marshall. Each federal district may be different, but here in New orleans, you must deposit $10,000 with the Marshalls to cover fees, security, etc. It can get expensive. Feel free to pm me with details/questions. I think the specific seizure rules are contained in the Supplemental Rules of Admiralty, which is in the Federal Civil Procedure Code. If you can wait until Monday, I can email you forms - suit, arrest orders, marshall's forms, etc.
Old 11-27-2008, 03:40 PM
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Default Re: Maritime Law

jpdeg - 11/27/2008 10:02 AM

The statutes are provided above. But, to seize, you need to first file suit and get an order of arrest of the vessel, which you then take to the marshall. Each federal district may be different, but here in New orleans, you must deposit $10,000 with the Marshalls to cover fees, security, etc. It can get expensive. Feel free to pm me with details/questions. I think the specific seizure rules are contained in the Supplemental Rules of Admiralty, which is in the Federal Civil Procedure Code. If you can wait until Monday, I can email you forms - suit, arrest orders, marshall's forms, etc.


and is a tuff sell without a contract.we record all our assistant call's I'm sure you do also,but still a tough one to prove.
Old 11-27-2008, 06:57 PM
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jpdeg

You know your stuff.....New Orleans.....Tulane Law by any chance ? lol

I would give my left nut to practice Maritime Law, but its hard to break into, especially if you didn't a.) Attend a Maritime Service School, like Kings Point or exNavy or b.) go to Tulane Law School.

I see many decisions come down from the Eastern and Southern Districts, not to mention the 2nd Circuit, so I'm sure there's many cases in NY, but its a matter of getting into one of those firms I guess.



Old 11-28-2008, 06:27 AM
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jpdeg - 11/27/2008 10:02 AM

The statutes are provided above. But, to seize, you need to first file suit and get an order of arrest of the vessel, which you then take to the marshall. Each federal district may be different, but here in New orleans, you must deposit $10,000 with the Marshalls to cover fees, security, etc. It can get expensive. Feel free to pm me with details/questions. I think the specific seizure rules are contained in the Supplemental Rules of Admiralty, which is in the Federal Civil Procedure Code. If you can wait until Monday, I can email you forms - suit, arrest orders, marshall's forms, etc.
Thanks, I'd like to see the forms you've got. I don't care to seize anyone's vessel. What I do care about is being ordered to do it without proper knowledge of the laws. The boat in question was barely worth $500-$1000. Not even enough to pay the bill.

In the future I'll leave the fools out there, nextel the sheriff and call the USCG sector for a MARB call. My guess is they would get zero response on the MARB at 0400 in the fog. They would then call the other towing company and try the same crap on them. (they would beep us before responding when they found out the story or we would beep them if they gave an ETA to the MARB) The last I heard they fueled up at the dock I towed them to, got re-supplied with beer and headed back out, after the sheriff ran the registration and found it was expired (and belonged to the guy who was telling me it was the other guys boat), did a sobriety test on them and told them to not operate the vessel or drive.

Someone who saw them leave accidentally called the marine patrol. (if the law responded as quickly to this as my first call at 0530....they got away)



;?


Old 11-28-2008, 10:42 AM
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Well now that we gave you some good advice we need the meat of this story. It sounds like a classic.
Old 11-28-2008, 11:26 AM
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liwreckfisherman - 11/27/2008 5:57 PM

jpdeg

You know your stuff.....New Orleans.....Tulane Law by any chance ? lol

I would give my left nut to practice Maritime Law, but its hard to break into, especially if you didn't a.) Attend a Maritime Service School, like Kings Point or exNavy or b.) go to Tulane Law School.

I see many decisions come down from the Eastern and Southern Districts, not to mention the 2nd Circuit, so I'm sure there's many cases in NY, but its a matter of getting into one of those firms I guess.


Thanks, I actually went to Loyola, not Tulane. I wanted to practice maritime since law school, and simply got lucky when I got out, and landed a good job with a really good group of lawyers. I think most maritime cases land either here in the Eastern district of La and up in New York.

Ludicrous, shoot me a pm with your email, and I'll send you what I have. If the boat is only worth $1,000, I'd say it certainly isn't worth the trouble.

Seizure, or threat of seizure, works very well in situations where you've provided some service to a ship - dockage, fuel, parts, etc- , and it's owners, agent, etc aren't paying fast enough. Seems to happen most often when a charterer incurs some expense without the owner's knowledge. Fortunately in the US, you get a lien against the ship regardless of who ordered the service.

When you call their lawyer and tell him the Marshall's are on their way to seixe his clients $50 million ship that they charter out at $50K per day, they tend to pay up fast. It's the ultimate way to legally call someone's bluff. They hem and haw about paying, fine, f you, watch me sieze your ship. Suddenly, that money that wasn't available for 3 days shows up in your account in a few hours.

Oh, and can we get the full story? sounds interesting.

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