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Ryan8886
08-21-2009, 05:21 PM
Okay....went to check on the progress of work on my boat today and found the shop closed with a letter from an attorney on the door. The owner showed up and said the sheriff's dept. served a civil order of seizure of property on Tuesday and locked his shop closed. This is one day after I coughed up 10K to complete the rest of the repairs on my boat. I tracked the case down online and there is a civil judegment against him and his business with an order for seizure issued in June. The case dates to 2007 and it appears he has not complied with the previous judgement of sentence, resulting in the seizure of property order.
Where do I stand in all this?? My boat is locked in his business, still in 30 pieces waiting for parts and re-rigging. Only ray of hope is that at least the owner stopped to tell me the story when he could have driven right past me. He says he intends to finish the job once he gets re-opened. He has my boat and my money....all I have is a receipt for the work and parts that says "paid in full". Threw this up on the "other" board as well. Any advice appreciated.

Ratickle
08-21-2009, 05:39 PM
I know you need to file something right away with the authorities. Not sure exactly what. But you must CYA as much as possible......

Just in case he doesn't get reopened, and hasn't used your money for parts that are on the way.

32storm
08-21-2009, 08:13 PM
This is a good time to be discussing this with an attorney and protecting your azz. Hopefully, you paid the 10K in a check. In which case, I would be running/sprinting to the bank to stop payment on the check!!

Ted
08-22-2009, 10:46 AM
Get with a local Attorney NOW. You need representation or you could lose big.

pullmytrigger
08-22-2009, 10:51 AM
man that sux.....sorry to hear

MattBMiller
08-22-2009, 08:21 PM
Sorry to hear that Ryan... Let me know if we need to bust the door down!

Chris
08-22-2009, 08:54 PM
You're going to have to have an attorney file a writ of replevin with the court. It's going to require ownership documentation be attached as well as copies of all your paperwork re: the repairs you're having done. Hopefully you have estimates and cancelled checks. The court will grant an order to the sheriff and they'll accompany you to the shop, open it and allow you to retrieve your property. Be damn sure you have all the pieces listed and fully described. If it's on a trailer, say so. If the engine hatch isn't on it, say so and describe it fully. Otherwise you're going to repeat the process- and the expense.

There's a valuable lesson here- you can search everyone's civil and criminal record these days. You can also see bankruptces via PACER. before doing big-ticket business with anyone, search them.

2112
08-23-2009, 12:57 AM
There's a valuable lesson here- you can search everyone's civil and criminal record these days. You can also see bankruptces via PACER. before doing big-ticket business with anyone, search them.

Thanks for the good advice. :ack2:

Hope it works out OK.

DAREDEVIL
08-23-2009, 02:58 AM
First,,,get the money back ASAP !!!!!!!!!!

And get with the sherrif department,,,GO THERE,,take all your papers from the boat and tell them that u need to get it out because of your having work done by an other marina.
They will tell you either ok,,,or what u need to do.
If u don't do anything right away they will take it into the seiced items and u will never or very hard get it back.

Not kidding you,,happend to Aero-Tek in the mid 90's and we had to steel the boat and then have the court proof to us that it is not ours,,,which they could not ,,,so we won.
but took a year and a half and alot of money,,but since the boat was new then it was worth it,+ it was completley in tact and just stored there.