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Andrea, Esq.
Andrea, Esq., Attorney
Category: Legal
Satisfied Customers: 11853
Experience:  25 yrs. experience in family law, estates, real estate, business law, criminal defense, immigration, and employment law.
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I owned a British registered sail boat for many years which

Resolved Question:

I owned a British registered sail boat for many years which I kept in various locations in Connecticut. I sold the boat five years ago to a London based accountant. I agreed to
help him get the boat back together both work wise and with reseaching informatiuon and locating suitable contractors.
I agreed to work for a small payment of $15/hour but we never specified a time limit.
About six months ago I told him I could not manage with $15 any longer and I would have to go up to my regular business rate.
He now refuses to pay me anything and I am stuck with the resposibility of looking after her.
We have a notorized agreement between us but he never did a change of ownership with the British shipping registry office.
He will not respond to my emails. Is it possible to file abandonment and retake the yacht.
Your advice and a route to take this problem would be appreciated and any legal help as required.

Yours sincerely,
Kenneth L. Clift
Submitted: 1 year ago.
Category: Legal
Expert:  Andrea, Esq. replied 1 year ago.

Hello and Welcome to JustAnswer, My name is XXXXX XXXXX my goal is to provide you with Excellent Service,

 

 

Q. Do you mean taking the boat because your buyer has not paid you for your services ?

 

 

2. Has he paid you anything ?

 

 

3. Where is the boat docked and where is the buyer located ?

 

 

Thank you,

 

 

 

Customer: replied 1 year ago.
I think I should explain the frustration I have had with this person.
For one thing he rarely answers my emails. Maybe one in ten. He sent me a partial payment for a summer slip but has not paid me for about a year for my labor and purchases for the boat.
The boat is a beautiful antique and it seems a sin that he rarely comes over to do any work to her. Yes I would like to reposes the boat.
The boat is docked in Pawcatuck, Connecticut and the owner lives either in London or Brussels.
Expert:  Andrea, Esq. replied 1 year ago.

1. Has the buyer paid you the purchase price in full ?

2. If he has not paid the purchase price in full, are you holding a Promissory Note for the balance ?

3. Did you perfect a security interest in the boat for repayment of the Promissory Note ?

 

4. Or, are you looking to take the boat because he has not paid you for your services and for the costs you incurred in purchasing items for the boat ?

 

 

 

Customer: replied 1 year ago.

Yes he did pay the purchase price in full.


And question 4 is correct.

Expert:  Andrea, Esq. replied 1 year ago.

Thank you for your replies and your additional information,

 

 

You are in a rather challenging situation with respect to getting paid for your services,

 

Where the parties to a contract/Agreement did not specify a specific time period or time limit in performing the obligations under such contract/Agreement, the law implies that the obligations of each party shall be performed within a reasonable amount of time. Since it is not worth your while to continue to perform services for the buyer at the rate of $15 per hour, and since you cannot unilaterally change the compensation, you can use his non-payment under the Agreement to permit you to take two different courses of action. First, you would send the buyer a "Demand Letter", in which you itemize the services you rendered and demand payment. This is a prerequisite to filing any lawsuit for payment. Your letter would also inform the buyer that he is in breach of contract, that you are declaring the contract null and void and of no further legal effect, thereby effectively rescinding the contract. Lastly, you would inform him in this letter that if you do not receive payment within "X" number of days, you will be forced to file a lawsuit for breach of contract. You would send the letter by Certified Mail, Return Receipt Requested, and a copy by ordinary mail. You would address these letters to him at the last address he gave you. You can also send him a copy by email, so you know that he will have notice of what you intend to do. The problem arises in that the lawsuit must be filed in a State where the Defendant can be served, or where the transaction occurred which gave rise to the cause of action. Unfortunately, the Connecticut Courts will not have personal jurisdiction over him unless you can have him served in Connecticut. If you can manage that, then when you obtain a judgment against him, you can ask the Court for a "Writ of Execution", give the Writ to the Sheriff, and ask the Sheriff to seize the boat and put it on the list for Sheriff's sale in order to satisfy the judgment you obtained against him.

 

If the buyer had not paid you the full purchase price and you were holding his Promissory Note and had a security interest in the boat, then I would have suggested that you foreclose on the lien created by your security interest and repossess the boat. However, this is not the situation and since the buyer paid you the purchase price in full, Connecticut law does not give you this right to "repossess" the boat and you would have to take the steps I outlined above and file a lawsuit against him.

 

if you rent the buyer the slip in which he keeps his boat docked and he has not paid, you can sue him for "past due rental charges" for the slip and go through the same procedure as I noted above.

 

I am sorry that I cannot tell you to just go ahead and take the boat, but I have an obligation to you to give only correct Answers, so I kindly requestthat you do not hold Connecticut law applicable to your case against me when rating my Service to you.

________________________________________________________________

 

 

Please be kind enough to rate "Excellent Service" so that I receive credit

for assisting you,

 

 

Bonus and Positive Feedback on survey is very much appreciated,

 

 

ANDREA

 

 

Customer: replied 1 year ago.

Though I live in Connecticut the boat at the time was kept in Rhode Island. Also the transaction took place through a Rhode Island Bank and Notory. Does this make any difference. Thank you.

Expert:  Andrea, Esq. replied 1 year ago.

The issues you just raised would not make any difference. It does not matter where the lender is, or where the Notary is from - but, hopefully, he or she was authorized to Notarize signatures in the State where the Agreement was signed and the signatures Notarized. Here's the way a case is started. The Plaintiff drafts a Complaint. According to the Rules of Civil Procedure of allXXXXXmust have personal jurisdiction of the Defendant, otherwise any judgment entered by a Court would have no effect on Defendant and would, therefore, be useless. The Rules provide that an action shall be brought in a State or County where the Defendant can be served (with Process), or where the event giving rise to the cause of action occurred. Once the Court has jurisdiction of the Defendant, any judgment entered against him or her by the Court is valid and can be enforced against the Defendant in any State because under the US Constitution each State must give "Full Faith and Credit to the judgments entered by the Courts of a sister State. And, Internationally, countries recognize judgments of other countries through "Comity".

________________________________________________________________

 

Please be kind enough to rate "Excellent Service" so that I receive credit

for assisting you,

 

 

Bonus and Positive Feedback on survey is very much appreciated,

 

 

ANDREA

 

 

Andrea, Esq., Attorney
Category: Legal
Satisfied Customers: 11853
Experience: 25 yrs. experience in family law, estates, real estate, business law, criminal defense, immigration, and employment law.
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Andrea, Esq.
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25 yrs. experience in family law, estates, real estate, business law, criminal defense, immigration, and employment law.