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Old 24-10-2012, 00:43   #466
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Re: Boat Held Hostage By Marine Transport Company

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Originally Posted by tropicalescape View Post
weather you agree or disagree the fact remains that he didnt steal the boat and if the situation is as told on this thread it is not "at all possible" to have him thrown in jail! Blindly dedicating ones self to one side of a story is IMO ,the height of folly,but dedicate if you must...why send "The Hells Angels" when you could get one of those low life,law breaking,face skinning,scum suckers from one of those Mexican drug cartels to do your "Dirty work" much cheaper? That way you dont have to pay another dime more than is neeeded...Im not on the side of the driver by a long shot,he didnt steal anything as far as what the OP has stated,if you think he has please direct me to that part of the thread as I have missed it...I read that he "Hired" this truck driver not, this truck driver came to my house in the middle of the night and stole my boat...Its not that hard to understand.He "Hired him to haul it"... !The devil is in the details it would seem because some poor old guy is without a boat, and that is enough reason to call Los Zetas!! Not!....
Man!!!...Just because you use words like "the fact remains", doesn't mean its a fact at all. Holding property as ransom is stealing. Then your other comments using H.A.'s and other derogatory comments make you look like a complete fool here.
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Old 24-10-2012, 01:03   #467
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Re: Boat Held Hostage By Marine Transport Company

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Originally Posted by Celestialsailor View Post
Man!!!...Just because you use words like "the fact remains", doesn't mean its a fact at all. Holding property as ransom is stealing. Then your other comments using H.A.'s and other derogatory comments make you look like a complete fool here.
SPOT ON.

In the legal world we like to use analogies:
"Here's my ticket, I'd like my coat back please"
"Sorry sir, while you were watching the show we added a $5 coat check charge"
"Excuse me?"
"Yes, sir, you will need to pay $5 to get your coat back."

At that point it becomes theft of my coat.

Theft does not require breaking and entering the dwelling of another at night with the purpose of stealing something inside (that would be burglary -- and hope the other lawyers in this thread enjoy the joke).
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Old 24-10-2012, 01:27   #468
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Re: Boat Held Hostage By Marine Transport Company

Many happy returns Dan ... may the winds be at your back and may the road rise up to meet you and your boat (which by the way looks like a great boat).

This thread has opened the eyes of many people here, each one of which is way more informed about who not to deal with if they ever have to transport their boat or property.

I know that all decent people here want you reunited with your boat asap and without any extra headache or expense. Hang in there ... you will be reunited with it I am sure.
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Old 24-10-2012, 01:37   #469
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Re: Boat Held Hostage By Marine Transport Company

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Originally Posted by FlyMeAway View Post
SPOT ON.

In the legal world we like to use analogies:
"Here's my ticket, I'd like my coat back please"
"Sorry sir, while you were watching the show we added a $5 coat check charge"
"Excuse me?"
"Yes, sir, you will need to pay $5 to get your coat back."

Now that one is a typical bailment exam question? Oh, bailment being an "alternative" after you have covered contracts in a commercial law exam (Or maybe even a Statement of Claim?).

Being Australian, I will leave the legislation part of the question to you guys and girls.
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Old 24-10-2012, 04:47   #470
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Re: Boat Held Hostage By Marine Transport Company

Given that the Trucker is a "proffessional" (alledgedly) it makes it all the more strange that he did not get a written contract - for his own benefit.

Sounds like a cash under the table arrangement - if so, unlikely to be a one off, maybe one for the IRS to look into?

If that is the case (and if Trucker no longer has the required licences - which given he seems to have ommitted any DOT weigh in violations from the story seems likely) then unlikely he wants to stand up in court and admit what he has been doing as would be shooting self in the foot.

The strange thing I find about this is that the Trucker must have encountered this sort of scenario before (where a load was not as claimed) - even if the boat could not have been returned to where it came from, then to my mind the easy thing to do would be to advise the Owner that the boat would be dropped off immediately (whether into a secure facility at Owners Expense - or on side of the road)......with the 50% advance payment being kept (for repairs) and the message being "see you in court" if you want it back. Why the Trucker is holding the boat as "hostage" is odd - given that even if it doesn't start off as theft then sooner or later it will get there (if you don't own something, your authority to hold it has ceased and you won't give it back - then at some point a crime must occur........otherwise we would all be in the trucking business ).
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Old 24-10-2012, 06:54   #471
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Re: Boat Held Hostage By Marine Transport Company

If the trucker did not have the correct license and permits, I'd be willing to bet he also did not have proper insurance/bonding.
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Old 24-10-2012, 07:07   #472
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Re: Boat Held Hostage By Marine Transport Company

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If the trucker did not have the correct license and permits, I'd be willing to bet he also did not have proper insurance/bonding.

Absolutely - there would be no way he could get either.
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Old 24-10-2012, 08:10   #473
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Re: Boat Held Hostage By Marine Transport Company

This is a wild ride. I joined just visit and started reading this thread! Wow, that is about all I can say! I would think that the marine transportation business is a small community of haulers. It appears to me that Tropicalescapes and the "big dog trucking" are one and the same. The reputation one gets from just not living up to ones word is a hard thing to live down. Trust is easy to lose but difficult to regain. I certainly hope those affected here get resolution. Good luck fellas.

BTW, I don't think I would use "big dog marine" to move my boat.
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Old 24-10-2012, 08:39   #474
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Re: Boat Held Hostage By Marine Transport Company

Another good lesson learned is to not only do a complete check of the company, but also do one on the owner. Sometimes an individual will one run company into the ground and open up a new one.
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Old 24-10-2012, 08:42   #475
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Re: Boat Held Hostage By Marine Transport Company

I agree with Longbow. TropicalEscape certainly seems very agitated about defending a man he claims to have only talked to once on the phone. And in that conversation he certainly learned a lot of details, even including the name of the FBI agent investigating Big Dob Marine. BTW, Bluewater, Dan Steadley is the trucker, not Creole-Belle the boat owner.
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Old 24-10-2012, 09:01   #476
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Re: Boat Held Hostage By Marine Transport Company

My understanding is that a charge of theft requires some type of intent. Lots of times a teenager will take a car without the owners permission, get caught speeding by LEOs, and the charge is not GTA but some type of using the car with out the owners permission.

Going on what has been posted here I don't see the trucker had any intent to steal the truck, rather he just wants more money before he gives it back to the owner. Don't take this to mean I am on the truckers side, just that there is not sufficient evidence to support a charge of theft.

An earlier post claimed some guy from the FBI told the trucker this was a civil matter and the trucker should deliver the truck to the owner. Again I am not defending the trucker but deliveries are late all the time. The jails are simply not big enough to put peeps in jail every time something is delivered late.

Which brings us back to the question of intent. At some point a delivery is not simply late. At some point the trucker is not making any effort to deliver the cargo. Posts in this thread indicate the boat is around 30 days late, which is not so great but unlikely to support a criminal charge.

None of this means the OP has no recourse. There is a thread similar to this one with some additional details about this event, including contact information for the trucker and the insurance company the trucker claims covers him. While civil action is possible my experience has been that most insurance claims are settled out of court.

There has been speculation that some of the truckers operations may not be street legal in terms of permits, licenses, logs, what ever. On the other hand the trucker seems to have multiple businesses related to trucking in multiple states so he may well be using one of them that is legal.

In any case the the real issue for the owner is finding the location of the boat. Once that happens even a 1YL (well not really you would probably need someone admitted to the bar) could go before a judge and get a replevin order in short order. If the OP wanted to try and get civil relief that would take longer but the cost of the relief might well not be enough to justify legal fees.

On the other hand the trucker will probably need a legal eagle to keep him out of hot water unless he is judgement proof.
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Old 24-10-2012, 09:06   #477
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Creole... I hope you had a great birthday, and I hope your next one is on your boat.

Do I recall you mentioning you had this truckers insurance papers? Have you talked to them? I hope it all turns out well for you, and we would all love to be kept informed.

I don't believe tropical apes is the same as the trucker. But I do believe he may have a similar moral code he conducts his business under, and this felt the need to defend the trucker and by extension defend actions he may have conducted in the past. Perhaps he identifies with Dan.

I for one appreciate getting a different side to the story... not because I believe it, but so we can hear what the trucker has to say for himself. I wish the other side was presented in a more rational, less combative way. But the presentation of the information was as telling as the information.

Infact, the trucker is smart by presenting his side thru a member here, as he can now deny some of what was said if this comes to court.

Edit: I meant Tropicalescapes above... was autocorrected.
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Old 24-10-2012, 09:08   #478
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Re: Boat Held Hostage By Marine Transport Company

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Originally Posted by Longbow3 View Post
SNIP
It appears to me that Tropicalescapes and the "big dog trucking" are one and the same.
SNIP
Not sure I am buying that. Tropicalescapes is a long time commercial member here and according to his profile deals with ultra light aircraft. Not to say he does not seem a little strange to me in his stead fast defense of the trucker, but I am not sure they are one and the same.

Both Tropicalescape and the trucker seem to live, or at least have some connection, to NC and I would guess the connection is that they are close geographically and the boating community is not all that big.
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Old 24-10-2012, 09:11   #479
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Re: Boat Held Hostage By Marine Transport Company

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Creole... I hope you had a great birthday, and I hope your next one is on your boat.

Do I recall you mentioning you had this truckers insurance papers? Have you talked to them? I hope it all turns out well for you, and we would all love to be kept informed.

I don't believe tropical apes is the same as the trucker. But I do believe he may have a similar moral code he conducts his business under, and this felt the need to defend the trucker and by extension defend actions he may have conducted in the past. Perhaps he identifies with Dan.

I for one appreciate getting a different side to the story... not because I believe it, but so we can hear what the trucker has to say for himself. I wish the other side was presented in a more rational, less combative way. But the presentation of the information was as telling as the information.

Infact, the trucker is smart by presenting his side thru a member here, as he can now deny some of what was said if this comes to court.

Edit: I meant Tropicalescapes above... was autocorrected.


A cogent analysis.
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Old 24-10-2012, 09:15   #480
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Re: Boat Held Hostage By Marine Transport Company

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SNIP
Do I recall you mentioning you had this truckers insurance papers? Have you talked to them? I hope it all turns out well for you, and we would all love to be kept informed.

SNIP
The thread in SA listed contact information for the trucker and his insurance company. The problem for the OP is finding the truck. Once the truck is located you could easily go to any local court and get a replevin order and get the boat, probably take a day or two and not much in legal fees. While the insurance company would probably help in this matter the fact still remains until the boat is located it cant be returned to the owner.
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