How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Zachary Your Own Question

Zachary
Zachary, Attorney
Category: Legal
Satisfied Customers: 4019
Experience:  Lead trial/International commercial attorney licensed 11 yrs
17219180
Type Your Legal Question Here...
Zachary is online now
A new question is answered every 9 seconds

I am lookign to place a lien on a boat for a boat delivery

Customer Question

I am lookign to place a lien on a boat for a boat delivery from Annapolis MD to Bermuda that has not been paid. I don't know where/how to start the process.
Submitted: 1 year ago.
Category: Legal
Expert:  SavyLawyer replied 1 year ago.

SavyLawyer :

Hello, and thank you for contacting Just Answer.

SavyLawyer :

Just to be clear, you are not currently in possession of the boat, the owner is? Making the boat's location in Colorado?

Customer:

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.

SavyLawyer :

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?

Customer:

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.

SavyLawyer :

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.

Customer:

Thanks

SavyLawyer :

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.

Expert:  Zachary replied 1 year ago.
Hi,

You have a maritime lien under general admiralty law on the vessel for failure to pay for services rendered to the vessel. The problem you will have is that an action to enforce a lien on a vessel is one which is done "in rem". In other words, the vessel must be within the jurisdiction of the court in which you are attempting to enforce the lien.

So, in order to enforce the lien, you need to go to a court in the country in which the boat is located and file an in rem action there.

You note that the boat is going to be located in St. Thomas eventually. You can file your in rem action in the US Federal District Court for the Virgen Islands once the vessel is in St. Thomas.

-ZDN
Customer: replied 1 year ago.

Thanks--how would I file the rem in US Federal District Court VI? Will I need an attorney?


Thanks

Expert:  Zachary replied 1 year ago.
Unless you want to actually go down to VI yourself and attempt enforce the lien, then yes you will need an attorney.

The lien enforcement is actually a seizure of the ship. An experienced maritime attorney will be needed to assist you.

-ZDN
Zachary, Attorney
Category: Legal
Satisfied Customers: 4019
Experience: Lead trial/International commercial attorney licensed 11 yrs
Zachary and 11 other Legal Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19941
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8189
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2132
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    110
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    31621
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15975
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.