Shoestring Sailors (Cruising on $500 per month - part II)

[SURV69]

Well if a boat is licensed the state in which the boat is licensed needs to also be notified(probably filed within the state & county of where the owner claims residence.

I have a problem with the marina owner actually gaining a further benefit by keeping the boat, and not allowing the owner the further liability of ever increasing charges against his/her will. In fact, there might be laws that require the boat be released and the proper legal action commenced.

The marina has legal options other than to hold the boat hostage.

Legally, the lien should suffice. Otherwise the marina owner should go to small claims or common pleas court.

It's just how laws are and we all have very similar laws(within U.S.), to abide by and to operate business by.

Of course, maybe the lien is already valued at a greater cost than the value of the boat.

I studied business law and worked with courts and attorneys for the past 35 years ... which generally means squat, except that I try to consider everyone's rights and limitations.

Chaining a boat to a dock seems a little harsh. But laws usually aren't involved in these deals til later. That's often when the "awakening", occurs regarding rights and responsibilities.

Chaining a boat, looks like a good way to scare a boat owner into coughing up money, but chaining the boat is not a legal & viable method of recovering a lien, it could wind up costing much more to the marina operator if the boat owner got a good attorney.

[lunasee]

I think you miss understood me, the boats in my marina are not leaned on. After several written warnings thay are given 90 days to pay up then thay are siezed by the sheriff to be sold at aucion. Thay given plenty of warning and any payment will forstall this action.
Thay are given plenty of opertunity up untill someone buyes it.
Dan R

[zeehag]

seized by sheriff to be sold at auction is same as lien, as marina cannot sell your goods without that lien sale permit.
if you go into a marina with intent to not pay rent, you get what you deserve, is same as renting a home. 90 days--pay or quit--lien for auction. mismo cosa.


andlast i heard, the fascist state of kali is still within usa borders--mexico has yet to snatch it back

[SURV69]

lunasee:

That makes sense.

So I get the impression that the bill is past due ... owed by the boater.

Then notices are sent to the boater to pay up, or to vacate and of course still pay the past due amount that he/she owes.

Then if there's no reply and the boater basically abandons his boat, the lien is filed, and the sheriff eventually seizes the boat.

Now ... in Ohio the boat is then sold at auction(by the marina operator), and the marina operator recovers the past bill ... which is almost much more than the boat value.

The big question is at what point is the boat seized and is the seizing of the boat is what causes it(the boat), to be chained to the dock, or is the chaining to the dock being done by the marina operator before the boat is legally seized by the sheriff?

Also, keep in mind that about 90%(probably more), of protections given to citizens in bankruptcy, apply even if bankruptcy is not filed, although I'm sure an action of "some", sort must still be make for a citizen to enjoy that "protection" ... I don't think it's automatic.

I wonder if any states consider a boat, being lived in, as being a legal residence and if foreclosure might ever come into play?

[Wrong]

Forgot to mention. Carry at least 1 bicycle, two if I'll be needing to move the boat between two anchorages on short notice to accomodate changing weather. A bike is locked at each anchorage so I'll always have wheels. At present only a light weight, full sized (58cm) road/race bike.

No matter where I go I'll have wheels.

Hone diplomatic skills to win assistance from someone who has a vehicle when you need diesel or to buy bulky, heavy items like chain.

The only times I take a marina slip is if weather makes anchoring imprudent, an anchorage isn't within a reasonable distance from shore or simply unavailable due to depth or restrictions on anchoring. But, I plan in order to avoid those kinds of destinations anyway.

Bypass ports with unreasonably high fees. Same if countries visas are too expensive.

[boatman61]

My understanding of Marine Law is... the debt is on the boat... unlike a car or house where the debt follows the owner... in the Maritime world the debt stays with the boat... hence the old custom of nailing the lien on the mast... and woe betide anyone trying to remove it

[captain58sailin]

I once placed a lien on a vessel for non - payment of wages. The vessel later was seized by the Marshals, and sold at auction, and I did not receive 1 dime, or notice that the vessel was being sold. I was not the one that forced the sale, so the owner must have owed someone else even more than he owed me.

[o_q]

Originally Posted by captain58sailin

Sounds like a solid strategy. Value the experiences not the possessions, Salvation army is the best place to shop. When I was knitting my own socks, I would buy wool sweaters from them and unravel and turn into socks.

Wouldn't it be cheaper to buy socks?
The time you spent knitting would produce more income than the cost of new socks.

[boatman61]

Originally Posted by o_q

Wouldn't it be cheaper to buy socks?
The time you spent knitting would produce more income than the cost of new socks.

LOLOL.... he was likely being paid for crossing oceans... the knitting likely was more to kill the boredom..

[captain58sailin]

There are a number of reasons for knitting your own socks. #1) You get exactly what you want in the right size. #2) It is not a bad skill to have, to be able to produce your own clothing from a length of string. #3) Yes I was being paid a day rate, whilst knitting away. #4) After you do it for awhile, it doesn't take very long to put out a nice pair of wool socks that are long enough to go over your calf. #5) You also get a nice zen state while doing it.

[Souperjumble]

this is a great read this thread is. for when i get a boat i will be on a fixed income, im on one now but i also have heath problems right now. i can only hope they will go away and leave me alone. maybe someday

[virginia boy]

Originally Posted by shingani

ehi shoestring I reaLLY ADMIRE YOU A LOT, i had a boat in Luperon DR and was robbed clean and had to to sell it for scrap...and now am looking to start anew in rio dulce.......but the problem is i like booze and looze conTrol after a good nite en el pueblo and i am afraid is gonna be all over again
but is stronger than me.....but i am happier like this.....what mjust i do ?????????????

I've found this organization to be a lifesaver:

Ro Dulce, Francisco Morazn Alcoholics Anonymous meetings

[mischief]

If the marina chained the boat to the dock then at that point they have taken Possession of the boat until the bill is paid or the boat is sold to recover the bill owed. I would therefore argue that the original owed price is all that is needed to settle the bill and ongoing fees should not be applied since the marina is holding it at their free will and therefore own expense.
If at the boats location law allows for the charge of storage on seized items then you are SOL.
If they have not legally obtained a Lien then you could sneak back I. The middle of the night and repossess your boat. But to avoid any ongoing issue pay the original bill the next day. It would not be worth thief effort to pursue the matter further in the courts but if you rubbed someone wrong they could.

If they have a legal lien then (just going back by memory when I took a lien out on someone for not payment) but I believe I had to stipulate the amount owed at that time so that would be the amount owed. If they padded the amount then you would have to dispute in in court.

Possession in 9/10ths of the law as they say, so if you got your boat back in your possession and wanted to settle the matter you would find the Marina a lot more negotiable when you are holding most of the cards.

Of corse I maybe a bit of a cowboy and have been known to do silly and sometimes knowingly foolish and downright stupid things and am lucky to still be alive so you may wish to completely ignore me ;-)

[Ballenxj]

Originally Posted by mischief

Of corse I maybe a bit of a cowboy and have been known to do silly and sometimes knowingly foolish and downright stupid things and am lucky to still be alive so you may wish to completely ignore me ;-)

Living up to your name then?
-Bruce

[Normanby]

Originally Posted by Wrong

Too lazy to read 42 posts to see what's been covered already. So, I'll just list how I've managed to sustain my live aboard full time cruiser lifestyle for the last 20 years.

*Avoid marinas.
*Anchor out.
*Use a kayak instead of inflatable and outboard. Saves on repair, theft of outboard/inflatable, replacement and fuel.
*Wear the clothes I have until worn out. Buy cheap replacements new or used in good condition.
*Wash clothes in a bucket when a hose is available. Hang on a line between bow pulpit and mast to dry.
*Do not consume alcohol or smoke.
*Buy used whenever possible. This includes sails and hardware. The exception is wire for standing rigging and when replacing worn line. However, I seldom dispose of the old line which is one of many reasons my boat is down on the waterline Even kept the standing rigging that came with the boat 20 years ago for emergency use.
*When leaving civilization, purchase wire for standing rigging when cheap and carry aboard whether the existing wire needs replacement or not.
*Use sta-loks to facilitate replacing standing rigging myself.
*Use gorilla tape instead of expensive rig wrap. Contact cement and used sail material for repairs.
*Keep my investment in electronics to a minimum. EPIRB, two working portable gps, fixed VHF, previously used Icom 735 SSB and tuner.
*Perform own engine maintenance and repair. Replaced a Yanmar SB8 in Brisbane, Australia with a new Yanmar 2YM15. Installed myself at anchor instead of paying to have installed and saved about $10,000.
*My weakness is eating out. But then I always try to find the best quantity, taste and texture for the price.

Hey Wrong,
What kind of kayak do you use and do you lay it on deck when underway?
I'm tossing up between a sit-on-top tandem plastic kayak and an inflatable. The plastic will be more durable and faster to deploy, but on-deck storage on my Compass 28 will be inconvenient, if not dangerous in the rough.
I'm moving aboard next month. I'll spend 3 months at a marina then move onto a swing mooring, and I'm wondering about my simplest and cheapest way to commute to shore, because I'll need to hold down a job for a while.
Eating out is my weakness too, and here in Melbourne the temptations are many...