What happens if you don't pay your marina?

[TheWastedYears]

I recently bought a boat from a friend who was 10-15 days late paying his bill (month-to-month) and the sails were stored inside the marina office (long story.) They wouldn't give me the sails until the slip was paid for, which makes sense (although it might not be legal.)

So that got me thinking... just what kind of authority does a marina have and what tactics can they use (legal or otherwise) if you don't pay your bill?

[johnshasteen]

It all depends on what your lease says - always read your lease before signing, which many people don't. I've seen sailboats auctioned off for seriously past due rent.

[smackdaddy]

Dude, lease-schmease. It's nothing a pick-set and a black balaclava can't remedy at 3 a.m. Wear latex gloves. I mean you've seen CSI right? Not that I'm advocating that kind of thing.

Sorry - had to edit here; the "otherwise" contingency in your post got me thinking. IF the owner of the marina happens to lean toward Mafioso or Medellin lineage - pay the man. Nails through the knees really, really hurt. Trust me.

[Stillraining]

Common practice for Marinas to impound ( lock your boat to the dock for not paying slip fees.

If the OP voluntarily asked to store sails in there locked facility then they have the right to set the terms of release of thoes items. The Marina has no rights to remove any personal property or parts from a vessel, only impound and or auction it as a whole just the same as say a storage units contents would be.

[KeelHaulin]

Usually a boat that is past due will sit either in it's slip or re-located by the marina until the bill is paid. The marina can lock the boat in it's slip (a chain across the entrance would suffice) if they cannot re-locate the boat on another dock that the owner can't get to. The marina will then put a lien on the boat and file with the court to force a lien sale. The sale of the boat is strictly a highest bidder auction where the owner will only receive partial value IF the highest bid exceeds the value of the lien. So if the boat sells for less than the unpaid rent; the owner gets nothing.

It's a good idea to stay on top of your marina rent payments...

[Karletto]

for ropes of course

[sailingdog]

If the boat is USCG documented, they may also put a lien on the boat, which needs to be cleared before the boat can legally be sold.

BTW, everything the marina did is legal, and was done to ensure they got paid for services already rendered.

[TheWastedYears]

I tend to be on the defensive when dealing w/ marinas, having had negative experiences w/ a couple.

One marina did try to keep my father's boat. He commissioned them for some work, totalling $4500 and paid 50% in advance. Six months later, after numerous attempts to get in touch w/ the marina for a status update on the work to no avail, my father gets a bill in the mail for $7000 w/ a letter stating that the boat will be locked up until it's paid in full.

Remember that post about gloves and sneaking in under cover of darkness? Well... we got the boat back. Dad mailed 'em a check for $2250 and invited them to sue for the rest. 7 yrs later... no lawsuit or charges.

[smackdaddy]

That's what I'm talkin' about Wasted! Stickin' it to The Man! Not that I would advocate that sort of thing, of course. Just sayin'.

[TheWastedYears]

Originally Posted by smackdaddy

That's what I'm talkin' about Wasted! Stickin' it to The Man! Not that I would advocate that sort of thing, of course. Just sayin'.

That night, I was strangely reminded of the scene from the movie "Falling Down" when he's beatin' the snot outta everything w/ a baseball bat: "I'm just standing up for my rights as a consumer!"