RAI
Well-known member
Does anyone have information on how to get a boat arrested in Spain. Someone is threatening to do it to mine.
Getting a boat arrested?
- Thread starter RAI
- Start date
KellysEye
Active member
Who is someone?
penfold
Well-known member
You need a spanish lawyer specialising in Marine Law, which isn't something you're likely to find on YBW.
Koeketiene
Well-known member
Tranona
Well-known member
As a general principle, debts can be attached to ships (for example non payment of charges, disputes over ownership) on behalf of individuals or corporations. However, it needs some form of court order for it to have any effect. In addition Spanish authorities can impound ships for other reasons, for example lack of proper registration, non payment of taxes.
You need to determine who is trying to "arrest" your boat, why - and then take legal advice.
D
Deleted User YDKXO
Guest
I dont know where you are but Carlos Espinosa at http://www.iurisnautic.com/ in Majorca is a well respected marine lawyor
RAI
Well-known member
Thanks Guapa
Just the link I needed, thank you Guapa. So a lawyer is needed, not just a complaint to the police.
I have a dispute over the price of new saloon upholstery that was five months late on delivery and has cost me significant additional expenses to finally obtain. I don't want to pay more than the original contract sum.
Just the link I needed, thank you Guapa. So a lawyer is needed, not just a complaint to the police.
I have a dispute over the price of new saloon upholstery that was five months late on delivery and has cost me significant additional expenses to finally obtain. I don't want to pay more than the original contract sum.
Reverend Ludd
New member
GrahamM376
New member
Give it some thought before employing a lawyer, he/she will likely cost far more than the price increase on the upholstery. You could be entering a minefield of aggro.
clyst
Well-known member
No doubt some Spanish lawyer will,pop up in a minute to offer his assistance . lots of it going on on the forum to-day .
RAI
Well-known member
Yes, about 300 euros an hour I'm told. But accepting an increased price after 7 months of aggro is a bitter pill.
chinita
Well-known member
Probably better to bite the bullet, pay it and then name and shame if you feel that way.
Tell your story to everybody you meet.
You will have your revenge - but it is a dish best eaten cold.
Tell your story to everybody you meet.
You will have your revenge - but it is a dish best eaten cold.
Swagman
New member
100% agree with this suggestion. It's so natural to want to take up the challenge, but engaging a foreign lawyer to act in a foreign court and knowing the head space such things can take, IMHO its much better to avoid the lawyers / courts and settle it outside if you can.
Its not swallowing your pride or anything, its just good sense...........
Its terrible for the guy to rip you off, but even worse if he's managed to stop you applying good sense, eh?
Good luck
JOHN
RAI
Well-known member
Yes, if only I had heard the stories I now hear about her, I would never have placed the order.
CelebrityScandel
New member
Further to what Marsupial has said and providing that you have not authorised any changes to the original contract work that you may be liable for you may be able to point out to her -
I cannot speak for Spain but generally arresting a boat is an extremely risky practice as should the debt be challenged and found to be unwarranted then the arresting party is liable for ALL costs including for a working vessel all the vessel owner's losses while the boat was arrested.
In a past life we have considered having boats arrested for unpaid work we had performed for them but in all cases the risk to us of doing so never justified it even though they were pure and simple big debt collection cases.
Unless there is something unusual in Spanish marine law on this I suspect if she knows what she is threatening then she is only trying to frighten you.
I cannot speak for Spain but generally arresting a boat is an extremely risky practice as should the debt be challenged and found to be unwarranted then the arresting party is liable for ALL costs including for a working vessel all the vessel owner's losses while the boat was arrested.
In a past life we have considered having boats arrested for unpaid work we had performed for them but in all cases the risk to us of doing so never justified it even though they were pure and simple big debt collection cases.
Unless there is something unusual in Spanish marine law on this I suspect if she knows what she is threatening then she is only trying to frighten you.
MrB
Well-known member
There is a thread about 30 down on this forum called "Sos - aussies in need of assistance". They have had their boat arrested in Gib. From what i read it costs about £20k just to get the boat arrested?
RAI
Well-known member
According to the article that Guapa referenced, if all three parties (Plaintive, defendant and boat) are Spanish, you are right in Spain. If one or more is not Spanish (my case) apparently international law is applied and the plaintive only needs a lawyer to have the boat arrested with no further liability.
Apparently, I could get my boat out of arrest by submitting the claimed debt to the court, and await a ruling, but by then the lawyers will be in full ching-ching.
So far the implied total cost to me of getting the job done has risen from 1200 to 2200 euros.
RAI
Well-known member
I guess Gibraltar law and Spanish law are different. But I hope you are right.There is a thread about 30 down on this forum called "Sos - aussies in need of assistance". They have had their boat arrested in Gib. From what i read it costs about £20k just to get the boat arrested?
CelebrityScandel
New member
Hi RAI, I have had a look at the good link that Guapa gave.
My reading of that is it just states that a guarantee (counter-security) is required of the creditor by the court if all parties are Spanish. That does not necessarily mean that in the case of not all of the parties are Spanish that the creditor is not liable for the costs imposed on the boat by the arrest if the debt is not proven.
For example, it is quite usual in other countries for the court to have the option at its discretion of requiring or not a counter-security from the debtor. In those cases if the court does not require the counter-security then that does not mean that the creditor is excused the costs of the detention should his claim on the boat fail.
But, as I say, I do not know the situation in Spain but it would seem most unusual to me if the creditor were not to be laible for the costs to the boat from its arrest if his claim fails even if a counter-security has not been required.
My reading of that is it just states that a guarantee (counter-security) is required of the creditor by the court if all parties are Spanish. That does not necessarily mean that in the case of not all of the parties are Spanish that the creditor is not liable for the costs imposed on the boat by the arrest if the debt is not proven.
For example, it is quite usual in other countries for the court to have the option at its discretion of requiring or not a counter-security from the debtor. In those cases if the court does not require the counter-security then that does not mean that the creditor is excused the costs of the detention should his claim on the boat fail.
But, as I say, I do not know the situation in Spain but it would seem most unusual to me if the creditor were not to be laible for the costs to the boat from its arrest if his claim fails even if a counter-security has not been required.
macd
Active member
RAI: this may well already have occurred to you, but have you consulted your insurers? Perhaps you have added legal protection cover: if so, maybe worth reading the small print?