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How can I place a lien on a vessel in Florida?

Marathon, FL |

My company provided and installed a number of systems on a commercial vessel in Florida. The owner has yet to pay the balance due ($30,000 - approximately 1/3 of the total). The balance has been due since October of 2012.

Attorney Answers 4

Posted

By vessel I assume you are talking about a boat (if not ignore the rest of this.) A maritime lien for services rendered is a claim against the vessel itself, not the owner of the vessel. It is sort of like saying the boat itself wronged you. If you must sue for the payment, you will sue the vessel and it would be arrested.

Once the boat is arrested the owner will be allowed to post a security to have the boat released so they will be underway. This is to prevent any disruption in commerce. If a security is not posted, the boat may find itself being sold at auction. The proceeds of the sale will be used to pay creditors.

I recommend you find a good admiralty/maritime attorney in your area. They would be able to better assess how you should proceed and advise you. Make no mistake, a non-admiralty/maritime attorney may find themselves in strange waters if they want to proceed with a case like this.

Best of luck.

DISCLAIMER This answer is not legal advice nor does it create an attorney-client relationship between any user/reader and The Law Offices of Jimmy Allen Davis, P.L.. We encourage and welcome you to contact us about your legal problems and visit our website at www.lawofficesofjimmyallendavis.com or email me at jimmy.davis.esq@gmail.com.

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2 comments

Asker

Posted

Is it possible to take action against the company (a Florida Corporation) instead?

Jimmy Allen Davis

Jimmy Allen Davis

Posted

I am sure it is possible if the company co-signed or agreed to be a guarantor for the debt. Like I said, admiralty law is not exactly "normal" when it comes to lawsuits. I know what little I do because I took an admiralty law class while in law school. Your best bet would be to contact an admiralty attorney to get a clear and precise picture. What I am telling you could only be described as the basics.

Posted

Mr Davis is correct. The area of admiralty law is unique in this respect.

Legal Disclaimer: If this information has been helpful, please indicate below. Mr. Shiner is licensed to practice law in the State and Federal Courts of Florida. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and time lines that, if known, could significantly change the reply and make it unsuitable. Mr. Shiner strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received. To learn more about David I. Shiner or the Shiner Law Group, P.A. please call our office at (561) 368-3363 or toll free at 1 (855) 368-3363 or visit website at www.ShinerLawGroup.com or www.InCourt.com

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Posted

Agree with counsel. An action in rem (which is an action against the vessel itself), is a federal maritime cause of action in which the vessel can be seized, or arrested, by a writ issued by a federal court for a debt.

Contact a maritime lawyer in your area. While you may have to pay for counsel in a case like this, often the attorneys fees are recouped in the payment to release the vessel.

Good luck,

DISCLAIMER: We do not have an attorney-client relationship. Only those persons who have a signed written fee agreement and authority to represent with me is an actual client. This response does not form an attorney-client relationship, nor is it intended to be anything other than my educated opinion or viewpoint. It should not be relied upon as legal advice. I recommend you consult a lawyer if you want professional assurance that this information, and your interpretation of it, is appropriate to your particular situation. Do not act on any information in this response without seeking legal advice from an attorney in your area.

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Posted

You had a lien on the vessel at the time of the installation of neccessary systems. Your question is how to file the lien or collect on the debt. Other commenting counsel is correct in what they wrote and offer good advice when they suggest getting a maritime attorney to help you. Exactly where and how and if I would do it depends on some additional facts. But it can be done. I would recommend that prior to installing systems aboard any other vessels that you contact a good maritime attorney who can advise you of how to best conduct business involving supplying neccessaries to vessels. Good luck.

Legal disclaimer: This answer does not constitute, legal advice nor does it constitute an attorney-client relationship. www.lygnoslawfirm.com Free Consultation 813 259-9494 Michael Lygnos, Esq., Lygnos Law Firm P.A., Serving Tampa Bay, Florida

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