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11-05-2018, 10:43
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#16
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Registered User
Join Date: May 2018
Location: Washington DC
Boat: Bristol 30
Posts: 104
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Re: Crew expenses refused
if you guys are both from the same country, just sue them at the home jurisdiction after you get home. small claims is much easier. spend a few hundred bucks to get a lawyer to tell you how to proceed with this.
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11-05-2018, 10:56
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#17
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Registered User
Join Date: Dec 2010
Location: W Carib
Boat: Wildcat 35, Hobie 33
Posts: 13,489
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Re: Crew expenses refused
Quote:
Originally Posted by svsonora
if you guys are both from the same country, just sue them at the home jurisdiction after you get home. small claims is much easier. spend a few hundred bucks to get a lawyer to tell you how to proceed with this.
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Better yet, do both. Raise whatever local stink you can and then file in Owner's/Boat's home country (handy if its yours too).
There was someone on the forum about a year ago, not Boatie, who got stiffed on a delivery, but was able to get a lien placed on the boat (which was for sale). Owner paid up pronto!
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11-05-2018, 12:23
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#18
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֍֎֍֎֍֎֍֎֍֎
Join Date: Apr 2006
Posts: 15,136
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Re: Crew expenses refused
The boat owner may also have some obligations, and penalties, imposed on them by law, depending on where the boat was flagged.
How you were listed on the entry clearance papers (guest? crew? passenger?) may also affect things, as that's a formal indication versus what sounds like a verbal agreement that you made.
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13-05-2018, 10:04
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#19
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Registered User
Join Date: Jul 2014
Location: Crete , Greece
Boat: Beneteau first 26
Posts: 670
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Re: Crew expenses refused
hello ,
i was listed as a crew .
I tried to contact the authorities :
Police / port police / my embassy / imigration nobody was able to help me to get my tickets back (except of the embassy that offered help only if i had lost my passport)
as i know the boat still in the marina and i fly back , to continue the case in my country .
I am lucky enouph because the delivery has final destination my country so soon or later the boat will be here.
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13-05-2018, 14:07
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#20
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Moderator
Join Date: Nov 2011
Location: aboard, in Tasmania, Australia
Boat: Sayer 46' Solent rig sloop
Posts: 29,332
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Re: Crew expenses refused
gmahks,
"The laborer is worthy of his hire." If you contact a Marine Lawyer where you are, I believe he can get a lien placed on the vessel, so that (a) it will be forbidden to leave without discharging that debt to you, and (b) you will receive what is owed to you. I am not an expert in marine law, but I believe there is something in it that says you are due your pay for the services for which the boat owner contracted. Obviously, this needs to be done there, before you leave. I'm concerned that it will be more difficult to make come out right if you attempt it from your home country.
Ann
__________________
Who scorns the calm has forgotten the storm.
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17-05-2018, 14:36
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#21
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Registered User
Join Date: Jul 2014
Location: Crete , Greece
Boat: Beneteau first 26
Posts: 670
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Re: Crew expenses refused
Quote:
Originally Posted by JPA Cate
gmahks,
"The laborer is worthy of his hire." If you contact a Marine Lawyer where you are, I believe he can get a lien placed on the vessel, so that (a) it will be forbidden to leave without discharging that debt to you, and (b) you will receive what is owed to you. I am not an expert in marine law, but I believe there is something in it that says you are due your pay for the services for which the boat owner contracted. Obviously, this needs to be done there, before you leave. I'm concerned that it will be more difficult to make come out right if you attempt it from your home country.
Ann
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i didnt had the time to contact a lewer in Guadeloup , but i gathered or the papers and police reports , the vessel is free but i am lucky enouph its heading to my home country , there is a case for it so it will be stopped on the first port of call.
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17-05-2018, 14:55
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#22
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Moderator
Join Date: Nov 2011
Location: aboard, in Tasmania, Australia
Boat: Sayer 46' Solent rig sloop
Posts: 29,332
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Re: Crew expenses refused
Quote:
Originally Posted by gmakhs
i didnt had the time to contact a lewer in Guadeloup , but i gathered or the papers and police reports , the vessel is free but i am lucky enouph its heading to my home country , there is a case for it so it will be stopped on the first port of call.
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Well done, then. I hope you are paid the amount owed to you.
Ann
__________________
Who scorns the calm has forgotten the storm.
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17-05-2018, 14:58
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#23
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Registered User
Join Date: Jul 2014
Location: Crete , Greece
Boat: Beneteau first 26
Posts: 670
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Re: Crew expenses refused
me too the lawyer guarantees , but you never know...
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17-05-2018, 15:14
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#24
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Moderator
Join Date: Nov 2011
Location: aboard, in Tasmania, Australia
Boat: Sayer 46' Solent rig sloop
Posts: 29,332
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Re: Crew expenses refused
^^^^^You got that right!
Let us know when it is finished. I hope you are paid soon.
Ann
__________________
Who scorns the calm has forgotten the storm.
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