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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

James L. Arrasmith
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answered on Nov 18, 2023

If a marina has wrongfully given your boat to the previous owner, especially after claiming your title was counterfeit, you may have grounds for a lawsuit. The key issues here would be the marina's basis for determining the title was counterfeit and their decision to release the boat to... View More

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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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3 Answers | Asked in Consumer Law, Contracts, Admiralty / Maritime and Civil Litigation for California on
Q: BoatUs Towing no follow through on tow went from a tow 09/25/23 to a salvage/sink 09/26/23 because they abandoned it

BoatUs Gold Towing. Captain solo sailing had a seizure Point Loma Sunset Cliffs drifting into a sandy, rocky area grounding the boat, still surrounded by water unable to move the boat, needed a pull to unground. Bypassing boat called lifeguards, coast guards and a towing guy from BoatUs towing... View More

Tim Akpinar
Tim Akpinar
answered on Nov 1, 2023

There is considerable information to sort out in your post, and it's very involved to meaningfully address in the brief format of a public forum. Your situation may be a matter of how the operation was characterized - in other words, was it treated as a tow or was it treated as a salvage... View More

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3 Answers | Asked in Consumer Law, Contracts, Admiralty / Maritime and Civil Litigation for California on
Q: BoatUs Towing no follow through on tow went from a tow 09/25/23 to a salvage/sink 09/26/23 because they abandoned it

BoatUs Gold Towing. Captain solo sailing had a seizure Point Loma Sunset Cliffs drifting into a sandy, rocky area grounding the boat, still surrounded by water unable to move the boat, needed a pull to unground. Bypassing boat called lifeguards, coast guards and a towing guy from BoatUs towing... View More

James L. Arrasmith
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answered on Oct 31, 2023

Under California law, if BoatUS did not fulfill its obligations as per the Gold membership agreement and this resulted in further damage or loss, you may have grounds for a legal claim. It's crucial to review the specifics of your Gold membership agreement to understand the extent of coverage... View More

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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, 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

3 Answers | Asked in Admiralty / Maritime, Business Law, Collections and Probate for California on
Q: I did work on a boat and now the owner has passed how do I get paid?

This was an ongoing relationship and we were finally prepping the boat to sell while the client was in the hospital. He later passed and I had to give back the signed pink slip to his brother and I can not get paid no replies from anyone and I am still securing the boat.

James L. Arrasmith
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answered on Sep 25, 2023

In California, if you provided services and were not paid, you have a right to assert a claim against the decedent's estate for the amount owed. You should file a creditor's claim with the probate court where the decedent's estate is being administered. If the estate is not opened... View More

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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

Q: Can we the people of NJ sue the government to stop the industrialization of our oceans?

The surveying of our oceans during pre-construction is killing our marine life, fishing industry, property values tourism hurting human health and will cause our electric bills to sky rocket. No one wants them. Our NJ Governor Phil Murphy gave the Danish company $1 billion of our tax payers money... View More

James L. Arrasmith
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answered on Sep 11, 2023

Certainly, concerned citizens have legal avenues to assert their rights and raise their grievances against government actions that they believe are harmful to the environment and the community. In the context of New Jersey and the actions of Governor Phil Murphy that you described, there are a... View More

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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 Admiralty / Maritime and Personal Injury for California on
Q: Maintenance and cure. Jones Act, Federal Jurisdictions for filing claim.

I was hired as a Captain for a speed boat operation in Miami. Worked three days, on third day, another captain driving the boat executed a reckless maneuver during the "go to fuel the vessel pre passenger morning prep". The captain was traveling at forty mph, max throttle for that craft.... View More

James L. Arrasmith
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answered on Jun 20, 2023

I'm really sorry about your accident. The Jones Act protects sailors injured on the job and is federal, meaning it applies no matter where you're treated. If you meet the criteria of a "seaman" and got injured during your job, you could have a valid claim. The choice between... View More

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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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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 L. Arrasmith
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answered on May 24, 2023

The Jones Act is a federal law that provides certain protections to seamen who are injured or become ill while working aboard vessels. It allows eligible seamen to seek compensation for injuries and medical expenses through a legal process. To determine if the Jones Act applies to your specific... View More

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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

Michael A. Winkleman
Michael A. Winkleman
answered on May 24, 2023

Were you working for Thriller Powerboats at the time? I've had several cases against them over the years. Any case against them would need to be brought in Miami, Florida. You are entitled to compensation for your injuries. Whether or not the Jones Act applies will depend on certain... View More

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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

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

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.

Tim Akpinar
Tim Akpinar
answered on May 4, 2023

You could ask your insurance agent to outline geographic boundaries of your coverage, or to provide the laws by which their underwriting department defines your coverage. However, even if they respond on that, they are not likely to identify specific offshore oil platforms that you would be... View More

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