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Question

What procedure for a marina to use against a boater who is delinquent in dock fees?

Submitted: 456 days ago.
Category: Boat
Value: $30
Status: AWAITING CUSTOMER ACTION
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Posted by Captain Dave 455 days and 23 hours ago.

Answer

Hello. The answer to this may be controlled somewhat by the local jurisdiction, but in general if the fees are not paid then the slipholder no longer has the right to use the slip. The marina could move the boat, including hauling it out if they desire. They could also refuse to allow the boat back in the slip if it leaves. Generally there is a written contract that may spell out terms, and in any case the non-payment would be enforceable in court - probably Small Claims in most jurisdictions. Finally, a lien could be placed against the boat for the non-payment if the amount justifies it.

455 days and 23 hours ago.

Reply

Dave:

Allowing the vessel to move to another marina without paying his past due rent only serves to help his criminal cause. I would like to file a lien against the boat, but what good would that do if the boat simply leaves. I would rather charge him with "Defrauding an Innkeeper" or something that would force him to pay before leaving. Is that possible?

XXX XXXXX

Posted by Captain Dave 455 days and 23 hours ago.

Answer

It would really depend on the laws of the jurisdiction. If you have the means, I would haul it out; then he will rely on you to put it back and you can refuse until he pays. You could also find a way to "lock up" to boat - e.g, pehaps run a chain across the front of the slip that is not attached to the boat but prevents movement, or move it to another location within the marina that you can effectively block. I am thinking of the parallel of a car left for repairs and/or storage - the car is not released until the bill is paid. Basically you may ultimately be bluffing, but the owner would have to call the police to get his vessel released, and they may or may not be inclinded to get involved. Remember the maxim: Possession is 99% of the law... Just be careful not to go too far and get into a position where he has an action against you.

Posted by Captain Dave 455 days and 23 hours ago.

Answer

Here is another idea from another one of our experts here. Note that I would not necessarily recommend this, but it could be used if you really get into a bind:

 

I would untie it from the sip as it [the slip/mooring/pilings, etc] belongs to you and is private property, then once adrift claim salvage rights, lodge the salvage with the Coast Guard, and let them know where the boat has been salvaged to, ie your marina. You will then be entitled to charge for the cost of salvaging the vessel and storage which I would imagine would amount to the total owed.

Answer

One other thought: if you have a Marine Trade Association or something similar in your state, you might contact them to ask about specific experiences and rulings in your state - there may be some guidelines in effect.

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Expert: Captain Dave
Pos. Feedback: 98.5 %
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Answered: 8/24/2008

Marine Mechanic

USCG Licensed Captain, 20+ Years Boating, Fishing, Maintenance and Repair Experience

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