Hello, and thank you for contacting Just Answer.
Just to be clear, you are not currently in possession of the boat, the owner is? Making the boat's location in Colorado?
No--the boat was delivered to Bermuda and the owner was in Colorado and their intended charter company was handling the finances of the delivery. The final destination was to be St. Thomas with the charter company.
Ok, and just to make sure, in the sales agreement, there were presumably no terms stating that there was a security interest in the boat if the sales amount was not paid on time?
The boat was sold recently to the Colorado owner and there was not an issue with that payment. My brother was hired independently to serve as Captain of the boat and was to deliver the boat to the Charter company who will be managing the charter business for the owner. The Charter company--an individual woman, had wanted to use her boyfroend to handle the delivery, but the insurance company didn't accept him to captain the boat--so my brother was recommended and used. He was to be paid $3000.00 to deliver the boat from Annapolis MD to St. Thomas. They got caught up in part of the weather from Hurricane Sandy and routed to Bermuda. The charter co woman's boyfriend and the captain, my brother, didn't get along and when they got to Bermuda--the half way point, the woman terminated my brother as captain. She said that she paid him, but she didn't and he is seeking at least 1/2 of the delivery payment which would roughly be $1,500.00.
Ok, thank you for the extra information. The reason I ask is because (1) I am trying to determine if a lien is an appropriate remedy, and (2) which state's law would apply (because lien law is generally covered by state law). Give me a few moments to see what I can find.
Ok, the truth of the matter is that I am not finding a Maryland or Colorado law allows for a lien in such a situation. There are certainly mechanics liens, which apply when construction or repair work is completed on property, but I cannot find anything that would allow a lien where the breach of contract or failure to pay is a personal services contract. A lawsuit for money owed would be appropriate, but it does not appear to me that a lien would be. However, I am not completely confident in my answer, so what I will do is opt out so that another professional can take a look at your questions and, hopefully, give you a more certain answer.
Thanks--how would I file the rem in US Federal District Court VI? Will I need an attorney?
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