I understand the idea of a marina protecting their rights(monetary), and that a boat which in already in arears can be liened on(pun?).
But ... the question is, is the act of holding the boat hostage, also an act by the lienholder to increase the amount of monies owed from an owner who has no option to remove his boat for lack of that "other" bill?
Couldn't this be compared to a family
who hasn't paid rent being chained to the rental property(while the costs continuously increase?
As I see it(of course I'm not an attorney, although I once stayed at a Holiday Inn), the marina owner must serve some sort of notice for the docker to vacate the marina ... and of course still owe the monies owed.
BUT, that the monies owed(at least at that time of notice to vacate), would be a simple civil matter for the common pleas court system.
What happens if a docker, who, for some reason, cannot, or will not remove his boat until after the notice to vacate becomes mature, now is being charged ever more money
because he cannot satisfy the original debt?
Sounds like the scenerio of the proverbial catch 22 ... can't pay what he owes .... and can't leave in an effort to reduce further charges.
Let's add to the scenerio, that the guy has finally come into some money(dad died or something), and left him enough money
to pay the original bill, but not enough to pay the additional costs incurred after being chained which also left him unable to leave and diminish the additional monetary costs)?
, a lien is not a license
to steal another person's property ... it's a means to get monetary recovery from the sale
of that item(or other means).
Add to this, in every state bankruptcy laws spell out what holdings a person can hold fast, even as a person not declaring bankruptcy, along with additional protections for a person actually declaring bankruptcy.
What happens if this boat is determined to be within the protections afforded to the citizens of that state, with or without declaring bankruptcy?
I don't like deadbeats, but the idea(if it exists), of not being able to pay a bill AND not being able to remove one's self from the situation that will cost ever more, seems rather unfair ... like a debtor's jail type scenerio, where an indigent person is put in jail cause he has no money(while in debt), but inccures ever more debt until he'll never get out of jail.