admiralty writ in rem

[stephenmartin]

what do i do

Just had an admiralty writ served on me and I can't move my boat...I was towed in during a storm with a broken prop and steerage...the marina I was at who I owe money to suggested I was doing a runner...(hardly) the lifeboat crew suggested that they take me somewhere else because of the bad weather

The marina want all the money to the end of the contract..(next april) before they remove the writ...they say they will sell the boat for their money

Help

 

[PilotWolf]

Get a lawyer!

W.

 

[William_H]

Well first off you should pay the money you owe. Then see if you can negotiate to pay the remaining fees until next April. Return the boat to the original marina and hope they will accept that you simply forgot to pay the arears. If they won't have you back then clearly they are failing in the contract till next April. If you go back to the marina then you obviously should pay the fees until April.

You signed a contract until April. That gives them expected tenancy and income in exchange for you having expected right to keep your boa there till April.

If you have some genuine reasonable gripe with them over some other matter then you will have to take it to legal action. But if that can't be proved ie you were in areas simply cos you didn't wan to pay you don't have a leg to stand on. good luck olewill

 

[Impaler]

Er.. am I mising something? Writs are not normally lightly issued. Pay bill, problem solved.

 

[JoeQ]

It's not clear from the original post if there was money outstanding at the time he left the arresting marina. If there was then he needs to consign that amount to the court and the arrestment will be lifted.

 

[halcyon]

But he did not leave his marina, he was towed into new location by the lifeboat with gear failure in a storm.

So what is the time scale, and is he planning to return to his original birth after repair?

Brian

 

[JoeQ]

[ QUOTE ]
But he did not leave his marina, he was towed into new location by the lifeboat with gear failure in a storm.

[/ QUOTE ]
Of course he left his marina, unless you're suggesting the lifeboat towed him out!
[ QUOTE ]

So what is the time scale, and is he planning to return to his original birth after repair?

[/ QUOTE ]
He can't go anywhere as his boat is arrested.

 

[halcyon]

But if went for a short trip last week owing the marina £50, or sneaked out last year owing £5000, makes a slight difference.

Would be nice to have some facts before making a judgement.

Brian

 

[Fr J Hackett]

I think Bill has summed it up, if you had a berthing contract with your marina untill next April on some form of monthly quarterly or annual payment basis then you owe them the money regardless of your occupation of it or not and they have a right to it. If you are not forthcomming in payment and there must have been communication between you they can and have taken legal action to secure payment, in this case sequestration of assets your vessel.

Now do you want to go back? If so arrange payment of back dues plus probably the remainder of the lease period and you will have to pay their reasonable legal costs to date.

If you dont want to go back you will still have to pay as above or see if they can relet your berth and reduce the lease from here on but I guess not.

You cannot use the excuss that you are storm bound or captive in another marina as a reason not to pay your existing marina fees even if you had sunk you would still be liable for them.

The short answer is speak to them or their solicitors quickly and arrange payment.

 

[jgmacm]

i would go with joeq on this one /forums/images/graemlins/smirk.gif

 

[oldharry]

<<what do i do>>

Bottom line - pay up or lose your boat. Now its been arrested there's nothing else you can do. You can not even sell it yourself to raise more money.

If you are unable to pay, then you need to see if the court and the Marina will do a deal on making regular payments to clear the debt. The court may be sympathetic, and the marina less so. Do nothing and they will sell your boat.