ICW "Pirates". Have you Seen?

[fstbttms]

Originally Posted by Kevin84

Not 100% accurate. If the boat they own is owned free and clear, the plaintiff can file a lean against the vessel (or any asset for that matter) and then seize said asset to settle the debt.

I didn't say it was impossible. But realistically, collecting on a small claims judgement will cost more time and money than the judgement is worth.

[Kevin84]

Originally Posted by fstbttms

I didn't say it was impossible. But realistically, collecting on a small claims judgement will cost more time and money than the judgement is worth.

That's true. Legally, it's fairly straightforward. Practically, however you may be right.

[Richard_W]

Originally Posted by Kevin84

Not 100% accurate. If the boat they own is owned free and clear, the plaintiff can file a lean against the vessel (or any asset for that matter) and then seize said asset to settle the debt.

Yup, something along these lines ... as explained in the linked article.

This is the reason why the guy is looking for them and the boat ... so the law enforcement can serve them with court order and initiate a process of property seizure (e.g. the boat).

[cardude]

I say a little south Texas justice may be in order--find the dude and beat the **** out of him.

I mean seriously, you gonna let some French dude come over here and screw you like that? Could we get away with that crap in his homeland? I doubt it.

[fstbttms]

Originally Posted by Richard_W

This is the reason why the guy is looking for them and the boat ... so the law enforcement can serve them with court order and initiate a process of property seizure (e.g. the boat).

1.- The authorities are not going to spend any time or energy running down a guy who bounced a $2400 check, especially if the guy has gone out of state. If he landed in their lap- maybe. But the guy doesn't have a residence or place of employment where he can be served.

2.- If the guy can even be found (and how much time and money is that going to take?), further legal action would likely entail the services of a lawyer. How much is the judgement creditor willing to spend to get back his $2400?

You guys seem to think a small claims judgement is some powerful decree that carries the full weight of the law. In reality, it's barely a gentlemen's agreement. Collecting on one from someone who is not inclined to pay voluntarily isn't easy to do and it certainly ain't free.

[bbowers2004]

Originally Posted by fstbttms

1.- The authorities are not going to spend any time or energy running down a guy who bounced a $2400 check, especially if the guy has gone out of state. If he landed in their lap- maybe. But the guy doesn't have a residence or place of employment where he can be served.

2.- If the guy can even be found (and how much time and money is that going to take?), further legal action would likely entail the services of a lawyer. How much is the judgement creditor willing to spend to get back his $2400?

You guys seem to think a small claims judgement is some powerful decree that carries the full weight of the law. In reality, it's barely a gentlemen's agreement. Collecting on one from someone who is not inclined to pay voluntarily isn't easy to do and it certainly ain't free.

If our government would focus more energy on crimes such as this, instead of chasing "drug dealers" (aka pot heads) and that may be a plus....

Rather than being underfunded, DAs are overstretched. There would be much more room in the budget for prosecuting check fraud and other serious crimes if the government would stop focusing onvictimless crimes.

Bounced a Check? Go to Jail. - Hit & Run : Reason.com

North Carolina. $50 - $500 or up to six months in jail. If check is less than $50 - $50 fine or up to 30 days in jail. Over three convictions, up to one year. If check drawn on non-existent account, fine not to exceed $1,000 or imprisonment for not more than 2 years or both. If check drawn on account closed by drawer prior to time check drawn, fine not to exceed $400 or imprisonment for not more than 5 months or both.

Bad Check Laws by States-Civil & Criminal Penalties

There are greater pentalties then just the money..... It is beyond that.

[Richard_W]

Originally Posted by fstbttms

1.- The authorities are not going to spend any time or energy running down a guy who bounced a $2400 check, especially if the guy has gone out of state. If he landed in their lap- maybe. But the guy doesn't have a residence or place of employment where he can be served.

2.- If the guy can even be found (and how much time and money is that going to take?), further legal action would likely entail the services of a lawyer. How much is the judgement creditor willing to spend to get back his $2400?

You guys seem to think a small claims judgement is some powerful decree that carries the full weight of the law. In reality, it's barely a gentlemen's agreement. Collecting on one from someone who is not inclined to pay voluntarily isn't easy to do and it certainly ain't free.

I don't know and I don't care ... I just reported what/why the guy was planning to do, and he seemed to know what/why he is doing. Tell the guy ... his contact info is in the linked article.

I will be in Florida next few weeks looking for a place to settle, and checking the marinas up and down from St. Augustine. If I see the scumbag and/or his boat, I will let the guy know ... just in case he knows what he is doing ...

[laika]

Good to see the dog got a proper lifejacket.

Come what may, Pat Stockwell still at the end the day did a good deed for down-on-their-luck cruisers. I also felt bad for the Primadonna crew when I was in Oriental. Though it ended poorly and Pascal ended up truly being the SOB that most there thought him to be, still, good on Pat for sticking his neck out to try to help.

That's what I'm walking away with, at least. Maybe not much consolation tho.

[Mike Vogdes]

Once a scammer always a scammer.
http://www.navy.mil/submit/display.asp?story_id=69580

[Cheechako]

Who'se going to seize it?

[Cheechako]

Originally Posted by laika

Good to see the dog got a proper lifejacket.

Come what may, Pat Stockwell still at the end the day did a good deed for down-on-their-luck cruisers. I also felt bad for the Primadonna crew when I was in Oriental. Though it ended poorly and Pascal ended up truly being the SOB that most there thought him to be, still, good on Pat for sticking his neck out to try to help.

That's what I'm walking away with, at least. Maybe not much consolation tho.

Yeah... not like you wouldnt suspect risk sticking your neck out for them. Obviously they are down on their luck, end of their rope. i suppose that's what hapeens when you let yourself get that down and out... But this crap and the news it generates definitely doesnt do the average cruiser much good..... "vagrant, derelict cruisers!"

[Kevin84]

Originally Posted by Mike Vogdes

Once a scammer always a scammer.
http://www.navy.mil/submit/display.asp?story_id=69580

Well, that's interesting. I try and give people the benefit of the doubt, but I can't for these people.

[tropicalescape]

Originally Posted by Kevin84

Not 100% accurate. If the boat they own is owned free and clear, the plaintiff can file a lean against the vessel (or any asset for that matter) and then seize said asset to settle the debt.

Yea, take his house so he can walk around on the mainland..best thing is to let him keep going until he meets a french military ship,then he can get fuel and keep on keeping on...

[boatman61]

Oriental has a knack for attracting down and outers... myself and a couple of 3 others happened to be there at the same time.. some of us worked in one form or the other.. some of us left with debts to B/yards but returned to settle in person..
Personal honour varies from man to man... I'd say this guy comes from the Marseilles region..

[Sand Castle]

Originally Posted by Cheechako

Who'se going to seize it?

Well, I think if they find the boat, they can detain the crew for a very short time so the victim can arrange a settlement of some sort. I suspect, depending on the jurisdiction, these people will get a ticket home from their embassy or else be detained a bit longer....