Cruisers Forum
 


Join CruisersForum Today

Closed Thread
 
Thread Tools Rate Thread Display Modes
Old 08-12-2013, 19:43   #16
Marine Service Provider
 
fstbttms's Avatar

Cruisers Forum Supporter

Join Date: Oct 2006
Location: Under a boat, in a marina, in the San Francisco Bay
Posts: 3,594
Re: ICW "Pirates". Have you Seen?

Quote:
Originally Posted by Kevin84 View Post
Not 100% accurate. If the boat they own is owned free and clear, the plaintiff can file a lean against the vessel (or any asset for that matter) and then seize said asset to settle the debt.
I didn't say it was impossible. But realistically, collecting on a small claims judgement will cost more time and money than the judgement is worth.
__________________

__________________
fstbttms is offline  
Old 08-12-2013, 20:05   #17
Registered User

Join Date: Aug 2012
Location: Charleston, SC
Boat: Tayana 37
Posts: 704
Quote:
Originally Posted by fstbttms View Post

I didn't say it was impossible. But realistically, collecting on a small claims judgement will cost more time and money than the judgement is worth.
That's true. Legally, it's fairly straightforward. Practically, however you may be right.
__________________

__________________
Kevin84 is offline  
Old 08-12-2013, 21:40   #18
Registered User

Join Date: Dec 2012
Posts: 449
Re: ICW "Pirates". Have you Seen?

Quote:
Originally Posted by Kevin84 View Post
Not 100% accurate. If the boat they own is owned free and clear, the plaintiff can file a lean against the vessel (or any asset for that matter) and then seize said asset to settle the debt.
Yup, something along these lines ... as explained in the linked article.

This is the reason why the guy is looking for them and the boat ... so the law enforcement can serve them with court order and initiate a process of property seizure (e.g. the boat).
__________________
Richard_W is offline  
Old 08-12-2013, 22:06   #19
Registered User

Join Date: Sep 2011
Posts: 35
I say a little south Texas justice may be in order--find the dude and beat the **** out of him.

I mean seriously, you gonna let some French dude come over here and screw you like that? Could we get away with that crap in his homeland? I doubt it.
__________________
cardude is offline  
Old 08-12-2013, 22:59   #20
Marine Service Provider
 
fstbttms's Avatar

Cruisers Forum Supporter

Join Date: Oct 2006
Location: Under a boat, in a marina, in the San Francisco Bay
Posts: 3,594
Re: ICW "Pirates". Have you Seen?

Quote:
Originally Posted by Richard_W View Post
This is the reason why the guy is looking for them and the boat ... so the law enforcement can serve them with court order and initiate a process of property seizure (e.g. the boat).
1.- The authorities are not going to spend any time or energy running down a guy who bounced a $2400 check, especially if the guy has gone out of state. If he landed in their lap- maybe. But the guy doesn't have a residence or place of employment where he can be served.

2.- If the guy can even be found (and how much time and money is that going to take?), further legal action would likely entail the services of a lawyer. How much is the judgement creditor willing to spend to get back his $2400?

You guys seem to think a small claims judgement is some powerful decree that carries the full weight of the law. In reality, it's barely a gentlemen's agreement. Collecting on one from someone who is not inclined to pay voluntarily isn't easy to do and it certainly ain't free.
__________________
fstbttms is offline  
Old 08-12-2013, 23:41   #21
Registered User
 
bbowers2004's Avatar

Join Date: May 2013
Location: Bahmamas
Boat: Westerly Centaur 26'
Posts: 298
Send a message via AIM to bbowers2004 Send a message via MSN to bbowers2004 Send a message via Yahoo to bbowers2004 Send a message via Skype™ to bbowers2004
Re: ICW "Pirates". Have you Seen?

Quote:
Originally Posted by fstbttms View Post
1.- The authorities are not going to spend any time or energy running down a guy who bounced a $2400 check, especially if the guy has gone out of state. If he landed in their lap- maybe. But the guy doesn't have a residence or place of employment where he can be served.

2.- If the guy can even be found (and how much time and money is that going to take?), further legal action would likely entail the services of a lawyer. How much is the judgement creditor willing to spend to get back his $2400?

You guys seem to think a small claims judgement is some powerful decree that carries the full weight of the law. In reality, it's barely a gentlemen's agreement. Collecting on one from someone who is not inclined to pay voluntarily isn't easy to do and it certainly ain't free.
If our government would focus more energy on crimes such as this, instead of chasing "drug dealers" (aka pot heads) and that may be a plus....

Quote:
Rather than being underfunded, DAs are overstretched. There would be much more room in the budget for prosecuting check fraud and other serious crimes if the government would stop focusing onvictimless crimes.
Bounced a Check? Go to Jail. - Hit & Run : Reason.com

Quote:
North Carolina. $50 - $500 or up to six months in jail. If check is less than $50 - $50 fine or up to 30 days in jail. Over three convictions, up to one year. If check drawn on non-existent account, fine not to exceed $1,000 or imprisonment for not more than 2 years or both. If check drawn on account closed by drawer prior to time check drawn, fine not to exceed $400 or imprisonment for not more than 5 months or both.
Bad Check Laws by States-Civil & Criminal Penalties

There are greater pentalties then just the money..... It is beyond that.
__________________
"My goal in sailing isn't to be brilliant or flashy in individual races, just to be consistent over the long run." - Dennis Conner
Follow our Globe Circumnavigation:
http://jillionsvoyage.blogspot.de/
bbowers2004 is offline  
Old 09-12-2013, 00:05   #22
Registered User

Join Date: Dec 2012
Posts: 449
Re: ICW "Pirates". Have you Seen?

Quote:
Originally Posted by fstbttms View Post
1.- The authorities are not going to spend any time or energy running down a guy who bounced a $2400 check, especially if the guy has gone out of state. If he landed in their lap- maybe. But the guy doesn't have a residence or place of employment where he can be served.

2.- If the guy can even be found (and how much time and money is that going to take?), further legal action would likely entail the services of a lawyer. How much is the judgement creditor willing to spend to get back his $2400?

You guys seem to think a small claims judgement is some powerful decree that carries the full weight of the law. In reality, it's barely a gentlemen's agreement. Collecting on one from someone who is not inclined to pay voluntarily isn't easy to do and it certainly ain't free.
I don't know and I don't care ... I just reported what/why the guy was planning to do, and he seemed to know what/why he is doing. Tell the guy ... his contact info is in the linked article.

I will be in Florida next few weeks looking for a place to settle, and checking the marinas up and down from St. Augustine. If I see the scumbag and/or his boat, I will let the guy know ... just in case he knows what he is doing ...
__________________
Richard_W is offline  
Old 09-12-2013, 00:23   #23
Senior Cruiser

Cruisers Forum Supporter

Join Date: May 2012
Location: Hailing Minny, MN
Boat: Vancouver 27
Posts: 751
Images: 1
Re: ICW "Pirates". Have you Seen?

Good to see the dog got a proper lifejacket.

Come what may, Pat Stockwell still at the end the day did a good deed for down-on-their-luck cruisers. I also felt bad for the Primadonna crew when I was in Oriental. Though it ended poorly and Pascal ended up truly being the SOB that most there thought him to be, still, good on Pat for sticking his neck out to try to help.

That's what I'm walking away with, at least. Maybe not much consolation tho.
__________________
laika is offline  
Old 11-12-2013, 18:26   #24
Registered User
 
Mike Vogdes's Avatar

Join Date: Jul 2010
Location: Jersey Shore
Boat: Watkins 29'
Posts: 212
Once a scammer always a scammer.
http://www.navy.mil/submit/display.asp?story_id=69580
__________________
~~~ ><(((((*> ~~~
Mike Vogdes is offline  
Old 11-12-2013, 18:49   #25
Senior Cruiser
 
Cheechako's Avatar

Cruisers Forum Supporter

Join Date: Aug 2006
Location: Skagit City, WA
Posts: 19,359
Re: ICW "Pirates". Have you Seen?

Who'se going to seize it?
__________________
"I spent most of my money on Booze, Broads and Boats. The rest I wasted" - Elmore Leonard











Cheechako is offline  
Old 11-12-2013, 18:58   #26
Senior Cruiser
 
Cheechako's Avatar

Cruisers Forum Supporter

Join Date: Aug 2006
Location: Skagit City, WA
Posts: 19,359
Re: ICW "Pirates". Have you Seen?

Quote:
Originally Posted by laika View Post
Good to see the dog got a proper lifejacket.

Come what may, Pat Stockwell still at the end the day did a good deed for down-on-their-luck cruisers. I also felt bad for the Primadonna crew when I was in Oriental. Though it ended poorly and Pascal ended up truly being the SOB that most there thought him to be, still, good on Pat for sticking his neck out to try to help.

That's what I'm walking away with, at least. Maybe not much consolation tho.
Yeah... not like you wouldnt suspect risk sticking your neck out for them. Obviously they are down on their luck, end of their rope. i suppose that's what hapeens when you let yourself get that down and out... But this crap and the news it generates definitely doesnt do the average cruiser much good..... "vagrant, derelict cruisers!"
__________________
"I spent most of my money on Booze, Broads and Boats. The rest I wasted" - Elmore Leonard











Cheechako is offline  
Old 11-12-2013, 18:59   #27
Registered User

Join Date: Aug 2012
Location: Charleston, SC
Boat: Tayana 37
Posts: 704
Quote:
Originally Posted by Mike Vogdes View Post
Well, that's interesting. I try and give people the benefit of the doubt, but I can't for these people.
__________________
Kevin84 is offline  
Old 11-12-2013, 19:13   #28
Marine Service Provider

Join Date: Aug 2010
Location: north carolina
Boat: command yachtsdouglas32
Posts: 3,113
Re: ICW "Pirates". Have you Seen?

Quote:
Originally Posted by Kevin84 View Post
Not 100% accurate. If the boat they own is owned free and clear, the plaintiff can file a lean against the vessel (or any asset for that matter) and then seize said asset to settle the debt.
Yea, take his house so he can walk around on the mainland..best thing is to let him keep going until he meets a french military ship,then he can get fuel and keep on keeping on...
__________________
tropicalescape is offline  
Old 11-12-2013, 19:17   #29
Freelance Delivery Skipper..
 
boatman61's Avatar

Community Sponsor
Cruisers Forum Supporter

Join Date: Jan 2010
Location: UK/Portugal
Posts: 20,205
Images: 2
Send a message via Skype™ to boatman61
pirate Re: ICW "Pirates". Have you Seen?

Oriental has a knack for attracting down and outers... myself and a couple of 3 others happened to be there at the same time.. some of us worked in one form or the other.. some of us left with debts to B/yards but returned to settle in person..
Personal honour varies from man to man... I'd say this guy comes from the Marseilles region..
__________________


Born To Be Wild
boatman61 is online now  
Old 11-12-2013, 19:48   #30
Registered User
 
Sand Castle's Avatar

Join Date: Jan 2011
Location: Wilmington, Oriental NC
Boat: Marine Trader 36 Sundeck
Posts: 98
Re: ICW "Pirates". Have you Seen?

Quote:
Originally Posted by Cheechako View Post
Who'se going to seize it?
Well, I think if they find the boat, they can detain the crew for a very short time so the victim can arrange a settlement of some sort. I suspect, depending on the jurisdiction, these people will get a ticket home from their embassy or else be detained a bit longer....
__________________

__________________
Sand Castle is offline  
Closed Thread

Tags
French, icw, Oriental, pirates, Primadonna

Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off


Similar Threads
Thread Thread Starter Forum Replies Last Post
For Sale: ICW Chart Books, Charts, Guide Books DolphinBuddy Classifieds Archive 0 27-11-2011 20:24
At Least One More Sailor Dead at Hands of Pirates svBeBe Indian Ocean & Red Sea 36 12-09-2011 13:13
Atlantic ICW Chart Books Question tomj Navigation 0 08-09-2011 18:50



Copyright 2002- Social Knowledge, LLC All Rights Reserved.

All times are GMT -7. The time now is 08:55.


Google+
Powered by vBulletin® Version 3.8.8 Beta 1
Copyright ©2000 - 2017, vBulletin Solutions, Inc.
Social Knowledge Networks
Powered by vBulletin® Version 3.8.8 Beta 1
Copyright ©2000 - 2017, vBulletin Solutions, Inc.

ShowCase vBulletin Plugins by Drive Thru Online, Inc.