going and taking someones boat may soon be legal

Joined
Jan 25, 2007
Messages
6
An ohio couple purchased boating business in south florida. The marina they were at gave them many problems so they decided to move and sell boat. Shorty after moving boat the marina sent some representatives 23 miles to take boat. after taking boat they chained it up dismantled vessel allowed it to fill with water then there was a fire on board. under current maritime laws if someone claims money is owed from boat they must have a federal marshal arrest vessel then file claim in maritime federal court. These people took law into their own hands and took boat then destroyed it. I think all boaters should be very concerned everywhere if this case passes through federal court it will make it legal to go take someones boat without any paperwork with just a claim of them oweing you money. The boat was sold by marina under false statements to a jacksonville man who was told the people just abandoned their 180k boat. the coast guard documentation center who documents this vessel refused to transfer documentation to person claiming to buy it due to the fact the marina had no court paperwork allowing them to go take and sell vessel. it is laws like this that are in place to protect boaters everywhere lets hope to god this doesnt change. for more info on story please e mail me direct. this should make all boaters furious. wheezy9870@aol.com
 

RubberFrog

Rear Admiral
Joined
Apr 9, 2005
Messages
4,268
Re: going and taking someones boat may soon be legal

It sounds like the law worked the way it is supposed to here.

Someone stole the boat and sold it.
New guy couldn't register/title it.

That's how it is supposed to work.

You only told half of the story. I am certain that the rightful owners are suing/pressing charges against the marina. I am also certain that the new "owner" is suing/pressing charges as well.
 

RubberFrog

Rear Admiral
Joined
Apr 9, 2005
Messages
4,268
Re: going and taking someones boat may soon be legal

Also, your title is at complete odds with the story.

How did you make the illogical leap that this would soon be legal?

Are you one of the people that got ripped off?
 

crunch

Commander
Joined
Aug 1, 2006
Messages
2,844
Re: going and taking someones boat may soon be legal

Boy, tough audience here... welcome to Iboats. :p
 
Joined
Jan 25, 2007
Messages
6
Re: going and taking someones boat may soon be legal

that cat is seriously funny. no if you read the court paperwork in maritime court if this should be allowed to stand it will be a federal case others can use to do the same thing. common sense says it probabily wouldnt happer but the question is what if it does?
 
Joined
Jan 25, 2007
Messages
6
Re: going and taking someones boat may soon be legal

thanks for the welcome crunch . yes tough crowd the sad thing is nobody wants to do anything till its to late. this should upset anyone who claims to be boating enthuastist but you know how it is nobody gives a damn till its to late.
 

OldMercsRule

Captain
Joined
Nov 30, 2006
Messages
3,340
Re: going and taking someones boat may soon be legal

floridaboater said:
that cat is seriously funny. no if you read the court paperwork in maritime court if this should be allowed to stand it will be a federal case others can use to do the same thing. common sense says it probabily wouldnt happer but the question is what if it does?

Crunch is right "DC" can be a tough venue. Welcome! Maritime Law or Admiralty Law has some very difficult technical areas that could be open to exploitation in the modern world. This is an interesting case. Rubber's cat is very funny, and if you get under his paw, he has been known to gas posters on this board. It takes days to recover, and he just gassed me a few minutes ago. Still hard to think clear. JR ps some of us,(like me can't spell)
 
Joined
Jan 25, 2007
Messages
6
Re: going and taking someones boat may soon be legal

under federal maritime law currently one must file a civil action in rem against the vessel. one must also have vessel arrested by federal marshal which will put vessel into custodians hands until case is heard and decided on. this suit is going to argues the personal taking of a vessel which marina did which currently is not allowed under florida state or maritime law.
 

WillyBWright

Fleet Admiral
Joined
Dec 29, 2003
Messages
8,200
Re: going and taking someones boat may soon be legal

About 10 years ago, Capitol City Corvette in Madison, WI went belly-up. They specialized in everything Corvette and sold Corvettes on consignment. They had a dealership license, but didn't buy or sell cars except for consigned sales. Vettes that were being sold on consignment when the bankruptcy secretly took effect were siezed by the receiver and sold at auction Legally. The proceeds were used to offset the business's debt. The DMV issued replacement titles for some, nullifying the original owner titles. But most were in the posession of CCC and were already signed by the prospective sellers. Owners were furious and the former business owner received numerous death threats while serving time in prison for fraud. Prison may have saved his life (so far). My ex's uncle bought one of those Vettes at the auction, but rarely takes it out of his garage out of fear.
 

JB

Honorary Moderator Emeritus
Joined
Mar 25, 2001
Messages
45,907
Re: going and taking someones boat may soon be legal

I see no evidence that the law will be overturned in either FL case. It will not become legal for someone to take your boat without a court order, even if you owe them bux, unless they have a legal lein that is in default.

Seems to me that willful destruction of the boat that legally belongs to someone else amounts to something very illegal and selling the boat without legal ownership is selling stolen property.

Very misleading title, floridaboater, but cases that we should know about.
 

bjcsc

Lieutenant Commander
Joined
Jun 1, 2006
Messages
1,805
Re: going and taking someones boat may soon be legal

What's their side of the story? I know yours, I just spent 20 minutes reading about it. Why are you telling us it was at a marina when it was actually at a hotel. Did you owe the hotel money? Why would they lease you a slip for free, as you claim. I've never heard of that...something's fishy...tough crowd or not, I don't think you're giving us the whole story.

This kind of stuff happens in the horse boarding industry. If people don't pay their board, their horses get seized. If they try to sneak them out and hide them 23 miles away and they get found, they still get seized.

Some accounts for your story say your boat was adrift...was it?

If, by all means, you are being wronged, I'll be the first guy to try and help you out and I'm sure there are others here that will help too. But you gotta give it to us straight...
 

crunch

Commander
Joined
Aug 1, 2006
Messages
2,844
Re: going and taking someones boat may soon be legal

Did I mention this was a tough crowd?

I've see threads go on for 100's of posts until the truth came out, then the board rendered it's verdict, and every time it came to be the truth that won out.

This board will dissect you, inspect you, and redirect you in the search for the truth. We have probably the most capable minds gathered in one place this world has ever seen.

Hmmmm... anyone want to take over the world this week? How about next? Check your calenders and get back to me :p
 

Kalifornyakid

Petty Officer 2nd Class
Joined
Jan 14, 2007
Messages
122
Re: going and taking someones boat may soon be legal

I'd settle for taking over California. Read this about the latest rediculousness going on.Click here
We can take over the world later, let me know when you're ready!!

Aaarrrgh! I give up! I'm going to bed, I'll fix the @#$% links tomorow!
 

crunch

Commander
Joined
Aug 1, 2006
Messages
2,844
Re: going and taking someones boat may soon be legal

LOL... are you a lib? Seems you give up way too easy. :p
 

Kalifornyakid

Petty Officer 2nd Class
Joined
Jan 14, 2007
Messages
122
Re: going and taking someones boat may soon be legal

Hey now! No fair hittin below the belt!
I think I fingered it out, I had the html selected in the little box, among other things.
I'm certainly no techie, this stuff gets more complicated every day. Pretty soon you'll have to be a nucular( did I spell that right? :) ) scientist to work the microwave oven.
 

Haut Medoc

Supreme Mariner
Joined
Jun 29, 2004
Messages
10,645
Re: going and taking someones boat may soon be legal

OMR, I think you have a 'Protege!'...
Boomie you been in EYW lately?d:)
 

crunch

Commander
Joined
Aug 1, 2006
Messages
2,844
Re: going and taking someones boat may soon be legal

Forget the HTML , you'd have to be a rocket surgeon to get that straight... just delete the closed ] and substitute a = after the url thing, insert a ], link at the end and you are in umm... clear as mud, right? :p
 

Boomyal

Supreme Mariner
Joined
Aug 16, 2003
Messages
12,072
Re: going and taking someones boat may soon be legal

Haut said:
Boomie you been in EYW lately?d:)

My brain is currently addled by a severe head cold. I can't quite fathom what EYW is?
 
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