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Old 04-10-2012, 15:39   #106
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Re: Boat Held Hostage By Marine Transport Company

A contract is an agreement between parties to do something for consideration. In this case one party agreed to move the other party's boat for money.

What may protect the OP in this case is that the trucker by law, rule, and/or regulation has to obtain insurance and permits. The insurance company would never want this to go to court and would put great pressure on the trucker to settle the matter out of court.

From what I have read so far the trucker most likely used a truck that probably broke down because the transmission fluid overheated and damaged the transmission. It is also possible the tires/wheels/bearings were also damaged due to overheating. Instead of getting another trucker to pick up the load and transport it to its destination it seems the trucker is trying to get his truck fixed and complete the delivery so he can be paid in full. The trucker also seems to want more money but that may just be a stalling tactic since the OP is now reporting the transmission was repaired under warranty.

My bet is that this gets settled with the OP's boat being delivered some what late and hopefully undamaged and the trucker saying it was all a misunderstanding.
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Old 04-10-2012, 16:00   #107
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Re: Boat Held Hostage By Marine Transport Company

If he blew up his transmission getting to El Paso, he'll never make it to SF. He hasn't even reached the big hills out west yet. I would assume that since he's so far south he picked the boat up somewhere in the southern part of the US like Florida or the gulf coast. Since he only has a pickup and a six wheel boat trailer he's way over his head when it comes to towing a load like that up mountains. It might be fine towing things around the coastal plain, but there's no way a pickup, even a duely, can handle a load like that in the mountains. There's a good chance that the wheel damage was caused by overheated brakes on a long downhill. Given the info we've gotten so far if I was the OP I would not let him take it any further. His equipment is not up to the job and never was. I have buddy with a three axle six wheel trailer in Florida and it's barely enough to hand his 14,000 Lb boat there, it would never survive if he had to drag the thing up and down mountains.
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Old 04-10-2012, 18:15   #108
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Re: Boat Held Hostage By Marine Transport Company

No I am no lawyer... I made my opinion about it not being a criminal violation based on my thrity years of being a cop... During my tenure as a police officer, this type dispute happened frequently and no District Attorney would touch it because it involved a contract, verbal or written.

You should see the hoops rental car companies have to go through to report their cars stolen when the customer doesn't return by the contract date. They had to send several demand letters, which usually took a month before they could call the cops and finally reported it stolen. This also applied to mechanics who hold people cars over a disputed bill. Customers would call the police and demand the police get there car back. Without a court order, there was no way to do it and the customer had to fork up the money or sue the mechanic. Finally, there was the moving companies and they were a nightmare... Grab the customers stuff and hold it hostage until they came up with more money. Again the customer had to either pay up or sue, unless it was some larger conspriacy or theft ring, again the DAs would not touch it, because it involved a contract

Who knows maybe since I retired two years ago things have changed and you guys know better.

The only true course of action, that has been suggested over and over, is for the OP to call a lawyer and find out what his options are...
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Old 04-10-2012, 18:17   #109
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Re: Boat Held Hostage By Marine Transport Company

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..and when they see the "contract" they will walk away just as quick...If that is the "contract" you are sadly, at this persons mercy as they can say just about anything they want to, so as to justify his greed or demands, such as : after he made the deal, you talked farther and you agreed to compensate him for any damage to his equitment,to pay his food expensies, and to give him a bonus payment if he was late with your boat! If this is the extent of your agreement he has you in a corner! He will prevail with his demands as the contract is to simple and left to interpitation...words like "anticapated." have no place in a real contract..this guy can say anything he wants to say and it cant be disputed due to your "contract"..wish you the best ...
The lack of a formal written contract works both ways - the Trucker can claim OP promised him anything up to and including a go on his wife , but unless he has something to back up his claim then he gets to give the wife back. undamaged .

The Trucker has to explain why he has possession of someone else's property. and that e-mail is all he has, so IMO he would be an idiot to deny it's existence and therefore the terms it states - which don't include money for a Tranny .
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Old 04-10-2012, 18:31   #110
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Re: Boat Held Hostage By Marine Transport Company

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Originally Posted by David_Old_Jersey View Post
The lack of a formal written contract works both ways - the Trucker can claim OP promised him anything up to and including a go on his wife , but unless he has something to back up his claim then he gets to give the wife back. undamaged .

The Trucker has to explain why he has possession of someone else's property. and that e-mail is all he has, so IMO he would be an idiot to deny it's existence and therefore the terms it states - which don't include money for a Tranny .
So true ..he said she said ..so where can the law do anything about it,everybody is saying something different...The law cant arrest someone because I think I have been taken advantage of ,there has got to be a crime before they can act and in this case there is no crime ,yet...
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Old 04-10-2012, 18:32   #111
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A recent case in VA showerd the BS being WRONG in this thread. http://m.nbcchicago.com/nbcchicago/p...tguid=fk3vHyzC
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Old 04-10-2012, 19:04   #112
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Re: Boat Held Hostage By Marine Transport Company

Hopefully the OP will chime back in soon and let us know where things stand. If I recall from the original post, the issues began on Monday, so we're almost 5 days into this now.

Hopefully as well the OP has at least made a call to a lawyer to get some solid legal advice as I suspect he could at least file a civil suit for "damages" and lawyer fees. If nothing else he can make it very clear to the truck driver that if he doesn't deliver, he's not only going to get the money but its likely going to cost him more. I think the other suggestions to contact the insurance company and bank (if there's a loan on it) make good sense as well - they all have lawyers on hand that could possibly be involved as its in their best interest to see this resolved quickly and without any damage to the boat.
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Old 04-10-2012, 19:07   #113
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Re: Boat Held Hostage By Marine Transport Company

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20,000 Lb is 7.34 ton, That is not an over weight load on any trailer,

This boy is screwing you,

Put it into reality, it is almost 4 X 2 ton Pallets, A decent truck load is 8 or 10 X 2 ton Pallets,

So where did he get his over weight crap from, I think he had a small trailer not suited for your Boat,

Now thats his full responsibility, His truck breaking down, mechanically in any way is still his full responsibility, Not yours,

A ton is 2000 lbs .That would be 10 tons.A standard hydraulic sailboat trailer is maxed at 18k lbs for sailboats those are the guys with dually F350S OR 3500 trucks pulling 25 to 34 footers the next size is a 25k lbs hydraulic lift ,then after that its standard flat bed yard or crane load trailers.The only reason I know this is because I just bought a Endeavour 37 and the boat weighs in at 22k and It took me a while to find a mover with a hydraulic lift trailer that big to move it from a inland storage facility.There was only one in Connecticut from what I found.So I would pretty much say he had a 18k trailer and a 20k boat if that what it ways .Just my input ,hope it helps.
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Old 04-10-2012, 19:09   #114
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Re: Boat Held Hostage By Marine Transport Company

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Originally Posted by The Blue Heron View Post
A recent case in VA showerd the BS being WRONG in this thread. NBC Chicago : Virginia Man Jailed After Car Dealer Decides He Paid Too Little
I dont get it ...Its all about "comprehension" as far as this thread is concerened ...
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Old 04-10-2012, 19:15   #115
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The comments about Police versus a "contract" didn't stop law enforcement in this case. Just sayin
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Old 04-10-2012, 19:19   #116
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Re: Boat Held Hostage By Marine Transport Company

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Not necessarily correct. No I am not a lawyer but have done enough business and dealt with lawyers, MBAs, etc that I think I can comment on a few relevant issues.

To have a legally binding contract does not require a written document prepared by a lawyer and signed by both parties. A completely verbal agreement between two parties can be a legally binding contract. May be difficult to prove but does not change the legality. In certain specific situations a fax from one party to another, if unanswered by the recipient can be binding on that recipient. This was told to our company by one of the largest law firms in the state of Florida..
In this case you have an offer being the email from the trucker to the OP, it does not need to be counter signed because both parties actions constitue an agreement. If the OP had responded to that Email it would be very helpful because of the email sent prior to departure MAY be considered (by a court) to be an amendment to the contract if writen comformation had not been supplied AND the OP acted in such a manner to imply a constructive agreement.

Jurisdiction/Legislation
The FBI has primary investigative jurisdiction for all federal criminal laws except cases in which responsibility is, by statute or otherwise, specifically assigned to another agency. The FBI has responsibility for the following federal statutes:
Title 18, United States Code, Section 659 - Theft From Interstate Shipment
Makes it a federal offense to steal or obtain by fraud anything from a conveyance, depot or terminal, any shipment being transported in interstate or foreign commerce. The statute also prohibits the "fencing" of such stolen property.
Title 18, United States Code, Section 1951 - Interference with Commerce by Threats of Violence (Hobbs Act)
Makes it a federal offense to obstruct interstate commerce by robbery or extortion or to use or threaten to use violence against any person or property in interstate commerce.
Title 18, United States Code, Section 2314 and 2315 - Interstate Transportation of Stolen Property
Prohibits the transportation in interstate or foreign commerce of any goods with a value of $5,000 or more knowing the goods to be stolen. These statutes also prohibit the "fencing" of such goods.

http://www.fbi.gov/about-us/investig...ft/legislation


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Old 04-10-2012, 19:27   #117
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Re: Boat Held Hostage By Marine Transport Company

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The comments about Police versus a "contract" didn't stop law enforcement in this case. Just sayin
You do find a cop that is a little over zelious or down right ignorant! This same guy has a 2.something million dollar law suit against this car dealer for a cornacopiea of things including,false prosecution,defamation of character,slander etc....its going to be better for this guy to settle this with the driver than to go after him with the law...If the driver does something with the boat he can then get him for unlawful conversion..until then he better get on his good side..
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Old 04-10-2012, 19:33   #118
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Re: Boat Held Hostage By Marine Transport Company

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A recent case in VA showerd the BS being WRONG in this thread. NBC Chicago : Virginia Man Jailed After Car Dealer Decides He Paid Too Little
My guess is that by the time the lawsuits are over the police and dealership will have paid him a lot more money than he paid for the truck.
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Old 04-10-2012, 19:35   #119
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Re: Boat Held Hostage By Marine Transport Company

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The comments about Police versus a "contract" didn't stop law enforcement in this case. Just sayin
Did you read the full article. He's already suing the dealership for 2.2 mil.

Very different case here as once you buy something and pay for it as agreed, you typically own it. Even if the dealership made an error, they likely wouldn't have any recourse.
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Old 04-10-2012, 19:42   #120
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Re: Boat Held Hostage By Marine Transport Company

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Originally Posted by popeye2818 View Post
A ton is 2000 lbs .That would be 10 tons.A standard hydraulic sailboat trailer is maxed at 18k lbs for sailboats those are the guys with dually F350S OR 3500 trucks pulling 25 to 34 footers the next size is a 25k lbs hydraulic lift ,then after that its standard flat bed yard or crane load trailers.The only reason I know this is because I just bought a Endeavour 37 and the boat weighs in at 22k and It took me a while to find a mover with a hydraulic lift trailer that big to move it from a inland storage facility.There was only one in Connecticut from what I found.So I would pretty much say he had a 18k trailer and a 20k boat if that what it ways .Just my input ,hope it helps.
One Long ton here is 2240 Lbs,

A metric tonne is 2204 Lbs.

Your gallons are different in size to here, Your gallons are smaller than ours,

So it could just be a difference in the weights in different countrys,

I assumed the the USA still used imperial measurements,

My 1977 F350 has a GVM of 4500 ton,

At the time, I didnt know what trailer he had it on, But a boat of that size,
I would assume he had it on a flat bed Tri axle towed by a prime mover,

Not a trailer on a pick up truck, Hahahahahaha

But thanks for that info, Helps me greatly,
As I am currently shipping an RV from Texas to California and then to Australia,

It has been moved to California with no problems so far, and shipping to Australia is a cubic measurement only,

It also explains why I keep getting a weight discrepancy on my Gemini's weight,

Cheers,
Brian,
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