Owner refuses to pay crew, need advice

[Dean Samuels]

Just stepped off a delivery in NC the owner/cap was highly intoxicated and screaming up and down the docks. He has refused to pay me for the time I put in. He tried to sabotage my ride to Norfolk where I could get a bus home etc... I spoke to the previous crew and they had a similar experience but it became physical. What recourse do I have? He owes me over $2000.

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[Tellie]

What was your agreement from the start?

[Tingum]

Jones Act Time! Get in touch with an Admiralty Lawyer, it is easy to file a claim against the boat, sounds like he needs the US Marshals to tell him his boat has been siezed and he has 15 minutes to get off.

[Dean Samuels]

The agreement was that I would be paid a specific amount per day, as well as air fair home. He told the people with the boat that took me to Norfolk that I had swatstika tattoos and I can't be trusted... I'm Jewish lol. I Dont have those tattoos! He was trying to strand me 25 miles from the nearest town.

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[boatman61]

Have you anything in writing to back your claim.. e-mails, sms messages or.. even better.. a signed agreement on paper..
I had this happen when I got a boat to OZ.. ended up getting a lawyer and taking legal action.
Ended up with some change after covering expenses/crew flights etc.. but at least I stayed in the black.. most owners are great folk but every now and then one comes across an *******..
Good luck..

[tomfl]

Originally Posted by Dean Samuels

SNIP

What recourse do I have? He owes me over $2000.

Problem is that not many lawyers will take a case if the damages are at the $US2,000 level. If the lawyer's fee is more than the damages courts often view the damages as de minimus.

Most small claims courts (where you don't need a lawyer and judges often don't like lawyers there) have an upper limit of $US3,000 or even more. But the problem with small claims courts is there is really no enforcement if you win the case.

I am not even sure what jurisdiction you could seek relief in. If the trip started out side of NC and the boat is ever moved out of NC it would make enforcement of any judgement a problem.

I am not trying to minimize your problem and I know two thousand dollars is a chunk of change to many folks. But the courts view it as small peanuts.

[Delancey]

Just throwing it out there - any chance you can wait for the guy to sober up and then try and reason with him?

Obviously there were some personality conflicts, and maybe the guy is just a total dick who envisioned creating some conflict with you to use as an excuse later to not pay. However, most non-psychopaths don't wake up in the morning and decide to go out in the world and be evil.

He knows he agreed to pay you and that you did the trip.

Whatever the nature of the conflict, I would like to think if you allowed the needed time for things to cool off and approached him in a level-headed manner, that perhaps you could achieve a more favorable resolution. Even if you were only able to get partial payment, it would be better than nothing.

But who knows, perhaps things are too far gone at this point.

[Boatguy30]

You screwed, sorry to hear it. In the US you'll never collect on that small an amount. I know boat brokers that get screwed out of 10k and don't fight it as they know it will cost too much.

Been working boats for nearly 30 years. Didn't get paid once. Be more careful next time.

[ShaktisBoy]

File in small claims court. Win judgement , file lien on the vessel, accrue interest send bill to owner every week. Do not let him walk away regardless of the lousy advice to walk away. The process is time consuming and frustrating but just on principal you should hold his feet to the fire. If we all did this every time maybe owners would stop and think before they tried to screw anyone out of what is due. Here is a link. It is not in the same county or state
but it pretty much works the same everywhere in the us. By the way you have 10 years to collect and interest accrues the whole time so file now.

http://www.riverside.courts.ca.gov/s...llectjdgmt.pdf

[boatman61]

Originally Posted by ShaktisBoy

File in small claims court. Win judgement , file lien on the vessel, accrue interest send bill to owner every week. Do not let him walk away regardless of the lousy advice to walk away. The process is time consuming and frustrating but just on principal you should hold his feet to the fire. If we all did this every time maybe owners would stop and think before they tried to screw anyone out of what is due. Here is a link. It is not in the same county or state
but it pretty much works the same everywhere in the us. By the way you have 10 years to collect and interest accrues the whole time so file now.

http://www.riverside.courts.ca.gov/s...llectjdgmt.pdf

+A1... the more of us make a stand the better.. he's also likely pulled this stunt before.. nail him..

Should add.. a few here said walk away in my case.. glad I heeded those who said I should fight.

[BigBoater917]

Have the US Marshalls do it. It's very effective. You will need either the contract between you guys or a court judgement in your favor.

[ShaktisBoy]

If you win you judgement in small claims you can have the vessel seized and sold if the owner doesn't pay you.

" he cant use it or even move it" How is that for justice?

http://boatinglaw.com/maritimearticl...timeliens.html

[meridian28]

So what's the name of the boat and skipper? You need to protect the next unfortunate crew.

[dougdaniel]

You say that he has done this to other crew in the past. If you join with them to sue the owner you have three advantages. You can split the legal fees with other claimants, you can increase the amount of the suit making it more attractive for a lawyer to take the case, and even without a written contract, you have much better chance of winning since your fellow claimant(s) can testify that he has done this before. Under the Uniform Commercial Code, oral contracts are enforceable.

Do us all a favor and pursue this vigorously; don't be too proud to ask Legal Aid for help. Also, talking to the police is an option, I believe that failing to pay wages is a crime in many states. Additionally he may have violated some tax laws by failing to report employer taxes.

Please don't just roll over and say, "Well, I guess I just got screwed."

Good luck to you.

[Dean Samuels]

His name is Lars Lindquist. The boat is a Hardin 45 from Miami. Its named joie de vie III.

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