admiralty writ

[stephenmartin]

what do i do

Just had an admiralty writ served on me and I can't move my boat...I was towed in during a storm with a broken prop and steerage...the marina I was at who I owe money to suggested I was doing a runner...(hardly) the lifeboat crew suggested that they take me somewhere else because of the bad weather

The marina want all the money to the end of the contract..(next april) before they remove the writ...they say they will sell the boat for their money

Help

[MarkJ]

There are times that, as much as we hate them, lawyers are necessary.

[jzk]

Was your boat arrested? If so, you better get a maritime lawyer quickly. Dockage, towage, or any services provided to your boat automatically entitle the service provider a maritime lien in your boat. Arresting your boat initiates a lawsuit to "foreclose" on those liens. In addition to all that you owe, you will also be liable to pay for the caretaker of the vessel during the "arrest."

[Vasco]

Why don't you pay the marina what you owe them?

[shadow]

Originally Posted by Vasco

Why don't you pay the marina what you owe them?

Yah, not knowing the entire situation, from what you've said, just pay for the services rendered, i.e. towing, storage, etc.. Seems only fair since you were caught out with an inoperable boat..

[Chief Engineer]

Where is the boat?

Is it at their marina?

Is this in the United States?

In the US, whenever a vessel receives services, supplies, there is a FEDERAL MARITIME LIEN in force. This is not the same as a mechanics LIEN which may vary from state to state.

I had to do a lot of research on this when a Transient (foreigner who bought a vessel) left without paying a substantial yard bill. There is a good site at McGill University in Canada that has a lot of FAQs.

www.mcgill.ca/maritimelaw

[Ex-Calif]

Just to clarify -

The boat was at marina A
You went out and prop/steering broke
You were towed to marina B
The boat is still at marina B
You owe Marina A for past dock fees and future dock fees to next April
You are presumably paying dock fees at marina B and don't want to pay marina A

1 - You are legally obligated to pay marina A and you should. Maybe you can work out a deal - they don't want to go to court and neither do you.

If you want to reduce costs, maybe you tow back to marina A where you are going to be paying anyway.

Unless I am missing something critical here, it is hard to be sympathetic when you have legal obligations to a supplier.