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2 Answers | Asked in Admiralty / Maritime and Civil Litigation for Washington on
Q: Can I sue a marina that gave my boat to the previous owner?

The marina claimed that the title I just received from the state was counterfeit and blocked my access to getting the boat in the water or on a trailer and then put it on either the water or a trailer for the previous owner effectively stealing my $40,000 yacht

T. Augustus Claus
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answered on Nov 2, 2023

Yes, you may be able to sue a marina that gave your boat to the previous owner. Under Washington law, a marina has a duty to protect the property of its customers. If the marina breached this duty by giving your boat to the previous owner, you may be able to recover damages for the loss of your... View More

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1 Answer | Asked in Admiralty / Maritime for Louisiana on
Q: What is the difference between maritime law and admiralty law?
Brent Cueria
Brent Cueria
answered on Oct 6, 2023

Maritime law governs topics related to shipping, fishing boats, cruise ships,

and oil rigs, including the rights and responsibilities of those who work on

them. Admiralty law is a branch of law that deals with maritime disputes

1 Answer | Asked in Admiralty / Maritime and Criminal Law for California on
Q: Hello, (Ref: Maritime PIRACY law vs. Civil/Criminal Law)

Recently, in San Fran Bay Area, the Oakland/Alameda Island Estuary (a salt water navigable U.S. Waterway), has had incidents of "so-called" PIRACY. (Boats are being burglarized).

THE QUESTION:

Which law enforcement agency has jurisdiction, U.S. Coast GUARD or local... View More

James L. Arrasmith
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answered on Oct 10, 2023

In the Oakland Estuary, both the U.S. Coast Guard and the local county Sheriff can have jurisdiction, but for different reasons and circumstances. The distinction between a boat being tied up in port versus being out at anchor doesn't necessarily determine whether an act is piracy under U.S.... View More

1 Answer | Asked in Contracts, Copyright and Admiralty / Maritime for Georgia on
Q: Hello what form do I need to present to an organization to take my strawman back after unknowingly entering in contract

I looked up a denial of rights of access form and was gonna just replace enlgland with USA and my name instead of address. Will this work?

Tim Akpinar
Tim Akpinar
answered on Sep 28, 2023

It isn't fully clear by what is meant by entering a contract unknowingly. At any rate, an attorney is probably going to want to see the contract you entered into. It sounds like you may have designated someone to act on your behalf in a contract or the formation of an entity, but that's... View More

1 Answer | Asked in Contracts, Tax Law, Admiralty / Maritime and Gov & Administrative Law for Colorado on
Q: What motion to the courts would be filed to obtain financials of accounting, ledgers, tax ID, of cash only bond put up?

100k for one individual another 100k for another individual court bonds and 10grand for another cash only court bond for tax purposes

T. Augustus Claus
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answered on Sep 26, 2023

In Colorado, if you're looking to obtain financial records related to court bonds, such as accounting ledgers or tax ID information, you might consider filing a "Motion for Discovery" or "Motion to Compel Disclosure." These motions are generally used to request specific... View More

1 Answer | Asked in Contracts, Tax Law, Admiralty / Maritime and Civil Rights for Colorado on
Q: a motion for an assessment of the bond monies. Would be filed in what jurisdiction of a district Court?

Securing bond monies, obtaining the account ledger of monies, tax audit, and ledgers, of account.

T. Augustus Claus
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answered on Sep 26, 2023

In Colorado, if you're looking to obtain financial records related to court bonds, such as accounting ledgers or tax ID information, you might consider filing a "Motion for Discovery" or "Motion to Compel Disclosure." These motions are generally used to request specific... View More

1 Answer | Asked in Consumer Law, Contracts and Admiralty / Maritime for Florida on
Q: I want to sue a yacht charter broker in Fort Lauderdale.

I want to sue a yacht charter broker in Fort Lauderdale. Long story short. For my 70th birthday I rented a very expensive home on the water for 3 nights.

I chose the home because the yacht broker I was working with said docking the yacht I selected for a day charter 'should not be a... View More

Charles M.  Baron
Charles M. Baron
answered on Sep 26, 2023

You didn't ask a question in this Q & A forum, but I suppose you're wondering if you have a viable potential claim. That depends on a few factors, including the terms of the written contract. Generally, verbal comments that conflict with the written contract cannot be the basis for... View More

1 Answer | Asked in Admiralty / Maritime for Nebraska on
Q: Why does the judge not answer ? Jurisdiction couny CT is CL/Meritime Admiralty? only two that have pwr to

How can one have a fair trial without knowing what jurisdiction rules apply? I was threatened with contemt for asking questions. I challenged personal jurisdiction /subject matter judge over ruled and I reserved my rights under ucc1-308 aka 2-201. I need to know sense my 1st amendment has been... View More

James L. Arrasmith
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answered on Sep 11, 2023

It seems like you are in the middle of a complex legal situation where understanding the jurisdiction and rules applied in your case is crucial. You have also raised concerns about the violation of your first amendment rights and the overruling of your jurisdiction challenge by the judge.... View More

1 Answer | Asked in Admiralty / Maritime and Small Claims for Michigan on
Q: A teenager stole a boat and hit my friend's parked boat & boat lift with it, can my friend get money for the repairs?

This incident happened in the middle of the night on a private inland lake in Michigan and there is a police report. The owner of the stolen boat left the keys on it but apparently my friend can't make a claim against their boat insurance since the owner wasn't driving the boat. My... View More

T. Augustus Claus
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answered on Jul 17, 2023

If a teenager stole a boat and damaged your friend's parked boat and boat lift in Michigan, your friend may be able to seek compensation for the repairs. Gathering evidence like photos and repair estimates can support their claim. Checking the boat owner's insurance policy for coverage is... View More

2 Answers | Asked in Criminal Law, Admiralty / Maritime, Civil Rights and Constitutional Law for Minnesota on
Q: how can i lose my lisense when i wasnt even driving

i was never arrested for driving and i was never brought into the station to have an official breathalizer administered

T. Augustus Claus
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answered on Jul 17, 2023

Losing your license without being involved in a driving-related incident can occur in certain situations. It could be due to administrative actions by the Department of Motor Vehicles or similar agencies, such as non-compliance with requirements or violations. Additionally, unrelated offenses like... View More

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1 Answer | Asked in Criminal Law and Admiralty / Maritime for Kentucky on
Q: How do I go about making sure my husband gets credit for time out on shock cause he went back with no new charges.

Charges - wanton Endangerment- 1st degree 1st offense.

The judge he had resigned and the prosecuting attorney for his case is now that judge

Timothy Denison
Timothy Denison
answered on Jul 14, 2023

Email or call his probation and parole officer and the DOC and ask them to confirm it. The DOC handles the time accreditations and calculations.

1 Answer | Asked in Medical Malpractice, Admiralty / Maritime and International Law for Florida on
Q: Can a US Flagged yacht sail to the Bahamas and have illegal medical procedures performed on the boat by a U.S. Based dr?

Does this violate any laws and what are the potential risks of the crew aboard?

Jane Kim
Jane Kim pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 5, 2023

"Illegal procedure" according to whom and under what laws? Maritime law? Who died? Who is complaining? The licensed physician can worry about his own ethical and medical obligations under his/her license.

As you see, it is impossible to respond to your concern, as drafted, sorry.

1 Answer | Asked in Admiralty / Maritime for Florida on
Q: I need to place a lien on a boat but the owner has removed the boat without paying dockage and repairs.

Can i still place a lien now that I don't have the boat??

Adam Eugene Deitz
Adam Eugene Deitz
answered on Jun 12, 2023

Whether you have a valid lien and if/how you should enforce same are complicated questions of law that you should discuss in detail with an experienced maritime lawyer. However, if the Vessel is documented with the United States Coast Guard, the process of recording a lien is fairly simple.... View More

4 Answers | Asked in Admiralty / Maritime and Workers' Compensation for California on
Q: Maintenance and Cure, Jones Act applicability. Need Help

I was injured as a boat captain of a thrill ride commercial passenger carrying operation out of Miami. I slipped on clear steering fluid in the hull and smashed my head inside the hull of the speed boat. I sucked it up and continuing work. Next day first thing in morning, I was onboard with... View More

James William Alcantara
James William Alcantara
answered on May 23, 2023

If you were employed to work aboard the vessel and you were injured during your work, you have a Jones Act claim. You also have a claim for unseaworthiness. I assume the vessel was operating in navigable waters and not a land locked lake. You would have to file suit in Florida if that is where... View More

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1 Answer | Asked in Admiralty / Maritime, Personal Injury and Workers' Compensation for Florida on
Q: If I have been working for a tour boat company for a week and am injured do i qualify for jones act protection medical?

As a 100 ton boat captain I was training on a new job with a fast boat that holds 30 passengers. While training under the command of another captain at the helm. I was injured. I was also injured the day before due to safety issues below deck. Both injuries to my deck I informed my employer by... View More

Tim Akpinar
Tim Akpinar
answered on May 6, 2023

I'm sorry about your injuries. Yes, on your first question, it sounds like you would qualify for maintenance and cure. Those fast boats are usually domestically registered and do not operate under offshore flags. I can't be certain, based on the details of the post, but I would guess that... View More

1 Answer | Asked in Criminal Law, DUI / DWI, Family Law and Admiralty / Maritime for California on
Q: What paperwork is a judge/ commissioner/magistrate to have on-site (if not the case is dismissed?
James L. Arrasmith
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answered on May 6, 2023

Judges, commissioners, and magistrates are required to have certain paperwork on-site when presiding over cases in order to ensure a fair and just legal process. The specific paperwork required may vary depending on the type of case being heard, but generally, judges are required to have the... View More

2 Answers | Asked in Admiralty / Maritime and Gov & Administrative Law for Louisiana on
Q: Can I get a definition and a map of inland waters of the state of Louisiana?

My charter boat insurance policy limits state: Navigation Limits Inland waters of AL, GA, LA, MS, NC, SC & TX.

And I frequently fish the coast and need to know if my policy covers me while fishing the coast or nearshore oil platforms.

John Michael Frick
John Michael Frick
answered on Apr 27, 2023

46 CFR section 10.107 provides: Inland waters means the navigable waters of the United States shoreward of the Boundary Lines as described in part 7 of this chapter, excluding the Great Lakes, and, for towing vessels, excluding the Western Rivers.

Part 7 provides the following definition...
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1 Answer | Asked in Admiralty / Maritime and Landlord - Tenant for California on
Q: My houseboat was moved while I was at work and was asked to leave the property after 16 months without any notices.

Management told me that he didn’t like those kind of people that came to visit me. I went on vacation and when I came back my electrical cord was missing and my water hose was cut in pieces. He than got of hold of me and said I have your boat and that he was putting a lien on it for back rent. I... View More

James L. Arrasmith
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answered on Apr 21, 2023

If your houseboat was moved without your permission and you were asked to leave the property after 16 months without any notices, and the management has placed a lien on your houseboat and is attempting to sell it, you may have legal options to challenge their actions.

First, you may want...
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1 Answer | Asked in Employment Law, Admiralty / Maritime and Business Law for Washington on
Q: Can a captain charge deckhands for gear/supplies as he deems fit?

Normal deductions are food/fuel. The following are extra.

2 examples.

A captain from another boat needs to borrow a grapple hook. With the captains permission a deckhand takes the hook to the other boat and helps with the task. The hook is accidentally left on the other boat and... View More

Brent Bowden
Brent Bowden
answered on Mar 27, 2023

I think the answer depends on how the crew is being paid. It is also potentially not a WA answer if the work is being done in Alaska.

In WA, an employer cannot charge an employee for broke/lost equipment unless it was an intentional or dishonest act that caused it to be lost/broken. I...
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1 Answer | Asked in Contracts, Employment Law and Admiralty / Maritime for Washington on
Q: Can it be construed as threatening to tell someone if they do not pay you what they owe you you will take them to court?

Basically my old boss owes me decent amount of money. He has no intention of paying it. I don’t want to have to go through the legal process.

If I were to sit down with him and basically tell him

“So you owe xxxx. You know you do. I know you do. I don’t want to have to make... View More

Brad S Kane
Brad S Kane
answered on Mar 22, 2023

Threatening to take someone to court if they do not pay a legitimate debt is legal.

Threatening someone with violence if they do not pay a debt is NOT legal.

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