Boat Held Hostage By Marine Transport Company

[Rocketman]

All the rules and reg stuff is great, but it still doesn't get Creole his boat back. It should be obvious that this Guy has broken a lot of regulations and probably a lot of law's. We aren't dealing with a guy that follows the rules. In my view, little can be done until you can find the mover and the boat. I would put out the word ASAP, to anyone and everyone that will listen, then hire people to help settle this legally.

[terminalcitygrl]

Do you know where he took the boat to have it "re-loaded"? I'd start there, betcha it didn't get any farther and the subsequent emails re: transit was him stalling for time. That little side trip sent red flags up for me right away.

[maytrix]

Have you contacted an attorney yet to get professional advice? Even at their hourly rates, its certainly not going to cost you what the trucker is asking for. Given the fact you have a very small contract (email), I would think a decent attorney could review it and discuss it with you and give you advice in a short amount of time.

[bobconnie]

I would give him a pass on the moveing and reloading, he may have had to go that far to find a certified scale, with a proper means of reloading to meet weight distrbution rules(ie weigths on the trailor and truck wheels) I had to do that when Connie and I were hauling with our truck during Katrina, more then once !! Just saying that could be real need to do !!

[Rocketman]

Creole
It sounds like you are a little overwhelmed, if this is the case, I would start by asking for help. I think some of the people on this thread my be willing to help with doing some of the leg work that will be needed. Posting on as many forums as possible, Making calls to differnt attoritys, maybe even making a trip to the last known location to talk in person to the people that helped repostion the boat. With some of that information we can at least get a good discription of the truck, trailer, and the driver.

[witzgall]

I would think that getting the word out to truckers would be a good way to find your boat....

Chris

[LostAtSea2011]

Originally Posted by tropicalescape

I have never seen a pickup truck stop at the weigh station ,isnt that what he was driving?..

It doesnt matter what the vehicle is....If its commercial , it has to stop .

[hellosailor]

Bob, in my little understanding of our laws there is no "theft" here. Theft would be a wrongful taking, and he didn't take it, you gave it to him. OTOH there are terms like "bailment" (his custody of it) and "replevin" (wrongful holding of goods) and since you don't mention states, one can only guess your situation is going to depend on the laws of seeral states. Where the boat was picked up, where you reside, where the company is registered, and Texas to start with.

Then there are DOT regulations and federal ones as well.

You want your boat? Either pay the man, or find an attorney. While you're looking for the attorney, call the DOT, call your state (and Texas) "Consumer Affairs" departments, and get some idea of what can be done by who.

If the boat is titled property and the title is in your name, you may be able to literally have a Texas lawman accompany you to the boat and demand the surrender of the titled property. No one is allowed to hold titled property without the title holder's permission, or a court filed lien, or something equally specific. Doing so can lead to an arrest on the spot, which in turn encourages the other guy to play nice much sooner.

And yes, there may be federal recourse if this is seen as "vehicle grand theft" and interstate transport of property over a certain dollar value. The FBI doesn't like to waste their time with anything less than death and explosions, preferably lots of both, but if you can get someone to concede that there has been a federal crime, sometimes you can force them to work on it as well.

Without going into "he says she says" there are obviously some issues of fact, i.e. what does the boat actually weigh? And those can be determined and settled. The fact that the delivery company has disappeared your boat rather than following normal legal channels for a claim is going to be held against them. But, you'll need either an attorney to start the ball rolling, or civil authorities (like a local Attorney General to press criminal charges) to get anything going. And the longer you delay, the great the chances that your boat mysteriously gets damaged out in some yard.

Take the bull by the horns, or you'll be trampled by it.

Call those folks up directly, get some answers from them directly. Stop wasting time.

[Therapy]

A lot of advise, most of it pretty much the same.

My opinion?

Call the insurance companies. Yours first. His second. Let them pay the lawyers.

[tropicalescape]

the guy with the boat has the right to expect payment regardless what is being said by someone else...If he has the boat in a impound lot recognized by the law then he can keep it until this matter is finished..he can also start charging a per day fee! Always best to pay then go to court if that is what you like...least you get the boat back...If you find the location of the boat and take it without payment you can be arrested!( if its been processed into a recognized lot)...

[Rocketman]

Originally Posted by Therapy

A lot of advise, most of it pretty much the same.

My opinion?

Call the insurance companies. Yours first. His second. Let them pay the lawyers.

If you haven't done this yet, I would do it sooner than latter. Do you have your own insurance on the boat?

[tropicalescape]

Originally Posted by Rocketman

If you haven't done this yet, I would do it sooner than latter. Do you have your own insurance on the boat?

What can an insurance company do ,it aint stolen and can not be reported as such...

[Celestialsailor]

Originally Posted by tropicalescape

the guy with the boat has the right to expect payment regardless what is being said by someone else...If he has the boat in a impound lot recognized by the law then he can keep it until this matter is finished..he can also start charging a per day fee! Always best to pay then go to court if that is what you like...least you get the boat back...If you find the location of the boat and take it without payment you can be arrested!( if its been processed into a recognized lot)...

Let me see if I have this right...A guy steals your boat, hides it in a yard and you are suppose to pay the storage fee? And after knowing the load was not right for the trailer (supposedly) and moving it anyways, the trucker has some kind of "right" to be paid anyways? I think it is best that he contacts his Insurance company and let them deal with it. Way too many internet lawyers.

[Rocketman]

Originally Posted by tropicalescape

the guy with the boat has the right to expect payment regardless what is being said by someone else...If he has the boat in a impound lot recognized by the law then he can keep it until this matter is finished..he can also start charging a per day fee! Always best to pay then go to court if that is what you like...least you get the boat back...If you find the location of the boat and take it without payment you can be arrested!( if its been processed into a recognized lot)...

I wouldn't give this guy anymore money until I knew the staus of the boat. He could be anywhere at this point, what makes anyone think he will deliver the boat even if you do pay him what he wants? If he tells you where the boat is, and you can send someone to take a look at it. Then maybe a payment situation could be arranged, then fight it out after you receive the boat, but as it is now, there are too many questions unanswered.

[fstbttms]

Originally Posted by tropicalescape

the guy with the boat has the right to expect payment regardless what is being said by someone else...

He has the right to payment if he satisfies the contract, which he has not done. He has failed to complete the job he contracted to do and is now keeping the boat as collateral and will not tell the owner where the boat is.

And your point is that the hauler is in the right?