View Full Version : Slip/Storage and Property. legal battle ~ Help/advice
Ok, summary
Purchased a boat.........
previous owner stated the slip was paid until June 1-2010
I don't use the slip, however we got a huge storm in and there was a tornado that touched down 12 miles away. Anyway, when the weather flash was up and this place was the closest harbor for safety. We moored in the "paid up" slip.
Later that week
Arriving to retreive the boat, it's chained and locked to the dock.
Nice.
Talk to marina mgr.
He stated all previous contracts are null/void with new owner.
I say, ok. unchain my boat and I will be on my way.
He stated he would Only do that if I pay for the slip
He has rights to the property as it is in lein status
I disagree, talk to the local autorities ~ nothing happens.
They ask a bunch of questions and say we can't help, it's civil
So, my boat is still chained up and I have nothing
Then I go to talk to the mgr, "say ok you want $1300 ~ I'll give you $200 for the time it was here and call it good."
Under agreement he unlocks it.
All said and done.................
NOW!
the kicker.
My trailer was on the grounds.
He stated I owe for the past years storage on the trailer.
I say negative, I will get a truck and pick it up.
He stated I will release your trailer for $100 of storage paid up.
FINE! I will write you a check send me a bill.
Now, I just got off with the local autorities.
The trailer is missing......
He called them yesterday and the trailer is not there, missing
WTF
NOW WHAT do I do.
Are they liable under Wisconsin state law?
Seem extremely fishy. Trailer has been on their site, now it is missing.
What is their responisibility in having a trailer/property on their site?
BBB725
05-20-2010, 12:07 PM
What place is this?
If you don't want to give the name, which lake and general location?
Dude! Sweet!
05-20-2010, 12:16 PM
And people wonder why the marine industry as a whole is in trouble... The Ass-hole Epidemic continues. Sorry to hear about your headaches. Sounds like the marina owner is being pretty unreasonable and reactionary. The missing trailer deal sticks in my mind as well... Good luck, I hope it works out.
MacGyver
05-20-2010, 12:51 PM
I would have just cut the lock, but thats me :D
As for the all previous contracts are null/void with new owner. I'd like to see that in writing on the contract. Just tell him you own the boat and the former boat owner owns the slip :)
As for your trailer, sounds like you pissed him off and now he's phucking with you. Was the trailer in a secure storage area?
fund razor
05-20-2010, 01:05 PM
I would have just cut the lock, but thats me :D
As for the all previous contracts are null/void with new owner. I'd like to see that in writing on the contract. Just tell him you own the boat and the former boat owner owns the slip :)
As for your trailer, sounds like you pissed him off and now he's phucking with you. Was the trailer in a secure storage area?
Me too. If the contract with the last guy is void, then he has no contract with you. You parked there because you thought you could. Misunderstanding. You couldn't dock where you normally could because of weather.
I would cut the lock, take my boat, and report the trailer stolen.
Keep the chain. You will use that to strangle him in a year or two when he thinks its over.
I have a long memory. :)
fund razor
05-20-2010, 01:08 PM
What am I thinking. I am so old fashioned.
Here's the new way:
Tell him that he needs to surrender his business to you by Monday, or you will expose him on the internet, post silly pictures of him and harrass everybody who ever met him and everybody who keeps docking there for their own reasons, whether or not they even like the guy until they agree with you and move their boats elsewhere. :D
Chris
05-20-2010, 02:44 PM
You're going to want to call an attorney. They'll file a motion with the judge for a "writ of replevin" which is a court order for the return of your property. You'll then file the writ with either the Sheriff's service office or possibly with the court baliff. They'll make an appointment to serve the individual and recover your property. They may want you to be there to take custody or they may request you have professional retrieval- like a towing company. It then becomes a civil matter for resolution- although it's unlikely the marina owner will press the issue.
MacGyver
05-20-2010, 03:08 PM
What am I thinking. I am so old fashioned.
Here's the new way:
Tell him that he needs to surrender his business to you by Monday, or you will expose him on the internet, post silly pictures of him and harrass everybody who ever met him and everybody who keeps docking there for their own reasons, whether or not they even like the guy until they agree with you and move their boats elsewhere. :D
:leaving::bump:
Clarity on this!
The deal is that we came to the $200 resolve
He was trying to push me into a slip for the year at 1300 and I said No, but I was parked there for 10 days
I said well lets work this out~
Let's call it $1 foot for the days and I gave him $200
Now, the trailer is/was on the premisis.
He stated that I could pick it up later in the week.
Now I get a call from the cops today stating that he reported my trailer missing
I have my boat
However, My trailer is missing
This is out of control. The trailers and equipment are in a secured area.
So, I would need to get it onto a barge to take it
Can you believe he called the cops and said I "stole" my own trailer.
The cop and I were having a chuckle, however I want my trailer.
What can I do
What place is this?
If you don't want to give the name, which lake and general location?
Well let's say it is the entrance to the city
You're going to want to call an attorney. They'll file a motion with the judge for a "writ of replevin" which is a court order for the return of your property. You'll then file the writ with either the Sheriff's service office or possibly with the court baliff. They'll make an appointment to serve the individual and recover your property. They may want you to be there to take custody or they may request you have professional retrieval- like a towing company. It then becomes a civil matter for resolution- although it's unlikely the marina owner will press the issue.
You are spot on:
He was trying to pull what is like a mechanics lein
What tow companies use to deal with people to pay up
Anyway, that's done.
I want to know what I can do on my trailer
MacGyver
05-20-2010, 09:48 PM
Well let's say it is the entrance to Oshkosh
And has been Falling quite rapidly through the years
I already saw on FB :) Starts with P and ends with ioneer :D
Isn't that a metal finishing place?
I already say on FB :) Starts with P and ends with ioneer :D
You are quick on that Gun
Chris
05-20-2010, 11:33 PM
I want to know what I can do on my trailer
Same thing.
So, if he is hiding/holding my trailer
Calling the cops saying that I took it
Where are my rights to call the kettle black
He is reporting it missing
Stating my property is not at his location in the secured area
Then he can call authorities to harass me with the whole situation?
Where are my rights
The only thing that I can do is to hire an attorney and escalate this to a cival matter
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