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What actions can a marina take to collect unpaid repair fees?

What actions can a marina take to collect unpaid repair fees?

Q: Does a lien mean you owe money?

Yes, a lien means that there is a debt owed on the property, such as a boat. The lienholder has a legal right to the property until the debt is satisfied. This can occur in various situations, such as loans or unpaid repairs. It's important to address any liens before buying or selling the property to ensure clear ownership.

Full question:

WE ARE A MARINA, DO REPAIRS, SALES AND STORAGE. A PERSON HAD HIS BOAT REPAIRED BY OUR BUSINESS, WILL NOT PAY WE HAVE THE BOAT, BANK HAS A LIEN ON BOAT. WE WILL NOT GIVE UP BOAT UNTIL PAID FOR REPAIRS ---THIS IS NOW 390 DAYS OLD --- OWNER AND BANK HAS BEEN NOTIFIED TO PAY CERTIFIED MAIL. WHAT ACTION CAN WE TAKE TO GET OUR MONEY?

Category: Automobiles
Subcategory: Mechanics Lien
Date: 04/07/2025
State: Florida

Answer:

To enforce a lien on the boat for unpaid repairs, you must retain possession of the boat until the debt is settled. Since the boat is under a lien from the bank, both the owner and the bank must be notified of the outstanding payment via certified mail.

If payment is not received, you may have the right to sell the boat to recover your costs. In Florida, you can sell the boat after certain conditions are met, including providing notice to the owner and any lienholders. According to Florida statutes, if the boat remains unclaimed or unpaid for a specified period, you can proceed with a public sale. Specifically, if the boat is over three years old, you can sell it after 35 days; if it is three years old or less, the waiting period is 50 days (Fla. Stat. § 713.78).

Additionally, you can consider filing a lawsuit for breach of contract to seek payment for the repairs. This may involve obtaining a judgment against the owner, which can further enforce your lien rights.

Consulting with a legal professional will help ensure that you follow the correct procedures and protect your interests effectively.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

How to buy a boat with a lien on it?

To buy a boat with a lien, first, check the lien status through a title search. You should negotiate with the seller to pay off the lien before finalizing the purchase. The seller can contact the lienholder to determine the payoff amount. Once the lien is settled, ensure that you receive a lien release document from the lender. This protects you from future claims on the boat. It's advisable to consult with a legal professional to navigate the process properly and ensure all paperwork is in order.

Is a lien on a title bad?

A lien on a title indicates that there is an outstanding debt associated with the property, such as a boat. While it doesn't necessarily mean the property is bad, it does mean that the lienholder has a legal claim to the property until the debt is paid. This can complicate buying or selling the property, as the lien must be resolved before transferring ownership. Always check for liens before making a purchase to avoid unexpected issues.

Does a lien mean you owe money?

When two boats are operating in the same general area who is responsible for maintaining its course and speed?

When two boats are in the same area, both operators must maintain a proper lookout and follow navigation rules to avoid collisions. Generally, the boat with the right of way has priority, while the other must take action to avoid a collision. Each operator is responsible for their vessel's course and speed, ensuring safe navigation according to maritime laws. Familiarizing yourself with the 'Rules of the Road' can help clarify responsibilities.

What does a lien on a boat mean?

A lien on a boat signifies that a creditor has a legal claim against the vessel due to unpaid debts, such as loans or repair costs. This means the lienholder can take possession of the boat if the debt isn't paid. The lien must be resolved before the boat can be sold or transferred to a new owner. It's crucial to check for any liens when purchasing a boat to avoid future legal issues.

What is a lienholder on a boat?

A lienholder on a boat is an individual or institution that has a legal claim to the vessel due to an outstanding debt. This could be a bank, a repair shop, or any creditor who has provided financing or services. The lienholder retains rights to the boat until the debt is paid off, which can affect the owner's ability to sell or transfer the boat. Always verify the lienholder's status before purchasing a boat.