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Old 07-11-2016, 18:51   #61
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Re: Non payment for delivery crew

Airville gives very good advice. Get the boat "arrested" and find a lawyer.

INAL.
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Old 07-11-2016, 19:11   #62
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Re: Non payment for delivery crew

I agree Willy, that he should file the lien. But an attorney can get the boat arrested almost immediately. This involves US Marshals posting a notice and setting up a 24/7 armed guard on the vessel (to which the owners are responsible). If the owners do not respond to the satisfaction of the court, the boat is offered in auction quickly. The sailors rights to wages and fair compensation supersedes even the mortgage holders claim. Plus the bank, their insurance company is on the hook too.

Respectfully, I disagree that the skipper should excuse anyone. There are ramifications that could be costly. The arrested party is the vessel, not the owners. The owners will be on the hook to the bank and the insurance company, not the skipper. Best to let the attorney do his job and stay out of it.

An interesting aside: The vessel loses a goodly percentage of it's fair market value due to the liens. The skipper and crew could use the liens as credit collateral in the auction. I may be wrong, but I think they might get first crack at ownership. I would pop a cork in their honor if they walked away with a primo 52' Catamaran for their troubles! I might even hurt myself laughing.

My very best regards to them!


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Originally Posted by Willy MC View Post
No matter whether it is USCG registered or registered in Hawaii, go to the proper authority now and register a lien on the title. These clowns who own the boat think you are "just a delivery Captain" who has no resources. Since the boat is more than likely going to be sold in the near future, you will collect at the closing. You could offer to leave the wife out of it by excusing her if she paid you half now and also cut your outstanding invoice in half. ( the one in hand better than 2 in the bush philosophy ) . Sometimes , just registering the lien gets it paid. although once I waited 5 years to collect. Another time, after a couple of depositions, the Owners lawyer finally gave up when he found out my lawyer was working "pro bono".... took the wind out of his" we'll just money the poor captain to death" argument. Shouldn't cost a lot to register a lien. Willy
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Old 07-11-2016, 19:17   #63
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Re: Non payment for delivery crew

Don't do it skipper! Cut off all communication. You don't know what to say. They have given you their reply. Let the attorney do your talking for you. There is too much at stake and too much room for error. Err on the side of caution; for yourself and your crew. You may get that paid holiday in Hawaii yet and so much more. Be patient. Be smart.

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Originally Posted by lifeboatcox View Post
Hi
Thanks for all the help. I am a British citizen. The owners are US citizens. I can't get the Gentleman owner to respond to my emails now. Maybe I should send him a link to this page.

Sent from my SM-G925F using Cruisers Sailing Forum mobile app
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Old 07-11-2016, 19:26   #64
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Re: Non payment for delivery crew

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Originally Posted by CareKnot View Post
Don't do it skipper! Cut off all communication. You don't know what to say. They have given you their reply. Let the attorney do your talking for you. There is too much at stake and too much room for error. Err on the side of caution; for yourself and your crew. You may get that paid holiday in Hawaii yet and so much more. Be patient. Be smart.
++ This is possibly the best advise that you have received other than the post and offer of information re maritime lawyers.
Lawyer up with someone that is recommended and experienced in this field QUICKLY so as to best preserve your position.
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Old 08-11-2016, 04:06   #65
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Re: Non payment for delivery crew

I think I know of this vessel, and the new owners history.
If I am correct in my assumption, then Lawyer up my friend, you will get no-where with this dude. He has a long history..........
As the insurance man from Galveston says.....be patient.

good luck, no one deserves this treatment.
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Old 08-11-2016, 04:42   #66
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Re: Non payment for delivery crew

Greetings and welcome aboard the CF, Wils.
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Old 08-11-2016, 06:48   #67
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Re: Non payment for delivery crew

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I would pop a cork in their honor if they walked away with a primo 52' Catamaran for their troubles!
Not boat related, but I remember a story from many years ago. A fellow in... I think it might have been Ohio... screwed over another guy. The other guy sued and won, but the first fellow claimed to have no assets to pay the judgment. He was retired and lived with his daughter. Other guy hired an attorney to look into it, and it turned out that the first guy actually owned a house down in The Keys.

Long story short, the other guy put a lien on the house. Apparently the first guy didn't pay any attention when he got notices about it (or didn't think it was important). Eventually forced a foreclosure auction, and the guy who had sued him was one of only three who showed up for the auction. He ended up buying the house for pennies on the dollar. In the end he made out like a bandit, and the first guy lost his house, all because the first guy thought he could get away with not paying.

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Old 08-11-2016, 08:20   #68
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Re: Non payment for delivery crew

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Originally Posted by lifeboatcox View Post
Hi Chip
It is owned jointly by both parties and is registered in Honolulu. I think a lien is the only way ahead. Who do I contact in the USA to do that. I'm from the UK so not up on US law.
Registered or documented? Just as a guess it may be easier to get a mechanic's lien if state registered. I am afraid it is going to cost you a few bucks to at least consult and attorney. Sometimes just a letter drafted and posted by an attorney gets action.
Best of luck.
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Old 08-11-2016, 12:55   #69
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Re: Non payment for delivery crew

Well it's almost 10 am in Hawaii right now. Would love to hear what's happening. Let it be GOOD news!
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Old 09-11-2016, 18:13   #70
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Re: Non payment for delivery crew

It appears that lifeboatcox took our admonition to "cut off all communication" to heart. More likely is that his attorney instructed him to quit posting. Either that or everything is already settled and he is busy taking care of his family, his crew and trying to get back to normal.

If you are reading this lifeboatcox, I wish you well.
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Old 09-11-2016, 20:06   #71
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Re: Non payment for delivery crew

It is difficult to know why someone has quit posting. Boredom, loss of interest, acquisition of the information sought, and casting off are among the common reasons. But attributing a reason is being a troublemaker unless you actually know.
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Old 09-11-2016, 20:28   #72
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Re: Non payment for delivery crew

He is busy dealing with realities
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Old 09-11-2016, 21:26   #73
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Re: Non payment for delivery crew

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Originally Posted by buzzstar View Post
It is difficult to know why someone has quit posting. Boredom, loss of interest, acquisition of the information sought, and casting off are among the common reasons. But attributing a reason is being a troublemaker unless you actually know.
Sorry Buzz,

Didn't want to to start any trouble. Let's see;

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It appears that lifeboatcox took our admonition to "cut off all communication" to heart.
We know that he stopped communicating. No trouble there.

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More likely is that his attorney instructed him to quit posting.
Stating a likelihood isn't derogatory or inflammatory as far as I know. If he got an attorney like he said he was going to do, my experience is that the attorney would instruct him not to talk about the case to anyone, much less make posts in social media about it. So, no trouble there.

Quote:
Either that or everything is already settled and he is busy taking care of his family, his crew and trying to get back to normal.
Observing that if the case is a settled matter, he would still be busier than a '60s psychedelic album cover - seems pretty tame too.

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If you are reading this lifeboatcox, I wish you well.
Ah, there's the culprit! I see what you mean. Taken the wrong way, that might be very easy to misinterpret. I'll be very careful how I wish someone well in the future.

Good night all, it's bedtime.
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Old 10-11-2016, 05:53   #74
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Re: Non payment for delivery crew

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But attributing a reason is being a troublemaker unless you actually know.
Troublemaker!?! That's rather quite a bit over the top. He was just speculating. How does that make trouble for anybody? SHEESH!
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Old 10-11-2016, 10:39   #75
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Re: Non payment for delivery crew

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Troublemaker!?! That's rather quite a bit over the top. He was just speculating. How does that make trouble for anybody? SHEESH!
Speaking of being one by speculating....


I thought Careknot had the appropriate reply to my post all on his own.
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