Water delivery - non payment

Yachtguymke:
Its been a full moon and again up almost all night cannot sleep. But we all run into these problems large or small its a matter of proportion. But non-payment for work is a serious matter. In the USA perhaps it is taken more lightly than France so your choices are not as straight forward. But often it takes a little creativity to fix.

What I suggest is to forget about ever collecting the money as your options in the USA are simply you cannot get satisfaction. Getting a judgment does not mean you can collect. Going to the police does not mean they will prosecute or even investigate. Hiring attorneys and professional investigators will quickly run up a large unrecoverable expense. Hiring thugs to beat satisfaction will likely get you more problem, and you now have motive for charging a crime and they will prosecute you as an example. So what to do.

You mentioned you delivered to the guys house /dock. Well simply file a mechanics lien against the property. Legally you performed a service delivering something attached to the property as the boat was tied to the dock and used as part of his property, I am sure he has water rights/easement , as to docking and access. The boat could be considered an attached recreational equipment like a swing set for the children. By tying the boat to the property upon his instruction it became attached to the property. Likely he has insurance coverage protecting liability with the property and as that includes the dock it also includes what is attached to the dock. Likewise the swing set may be moveable but being staked or pinned to the ground is attached to the property. A light fixture though easily removable is part of the real property. Likewise is the boat. I don't know but bet there is case law in Florida about boats attached to docks too. Also, remember the definition with be if the point of departure (his dock) and return (his dock) is the usual use of the boat to define attachment of the boat to or as part of the property.

Therefore, you are entitled by reasonable inference to attach a mechanics lean for delivery and installation of recreational equipment to his dock / property. If in the unlikely case he take you to court to remove the lien you can ask for discovery as to his homeowners insurance... and that will be the key. Legally you are creating a lien that is not easily removed. He or someone else will eventually have to clear the lien. Then it is there problem to go to Court and prove they don't own it. Legally the filing of the lien on the property and debt records on the property makes it someone else's problem to remove. And, likely no judge would set aside your lien though it might seem a thin thread because it is a real debt and judges are loath to forgive such.

The problem for him and future owners of the property is the mechanics lien will survive even foreclosure or sale of the property. Although, it is unlikely anyone but at forced auction would acquire the property with the lien. SO the benefit is you will eventually get paid whatever you claim including interest. Foreclosing the lien yourself well yes you can legally do that but why bother. Someone will acquire the lien and eventually have to pay... or he will. Effectively, anyone stupid enough to buy or foreclose the property deserves to be stuck if he is in such messes. I assume he will be, and it is part of the real estate property game to deal with crazy messes like this. If he totally bails out and someone else has to pay remember it is legally considered his debt and they simply acquired the debt with the property. That is the fundamental of the Uniform Commercial Code in the USA... as to real and personal property and debt.

That is my suggestion. You may not like it and it is not straight forward but is is legally straight forward and reasonable. This is the advice of an old man that has been around the world and been taken advantage of more times than he can count or remember, not an attorney, so do what you want.

Tying up to a dock no more encumbers the property than parking a car with a line in the driveway. That's why a repo man isn't permitted to repo a car from a locked garage. They'll padlock your garage and snatched the car when you go for a pry bar.

Btw, the bully is the one who takes what doesn't belong to them, not the guy who wamps him and takes it back.

Filing a spurious lien can lead to costs against you.

Very normal ploy making an offer and then not coming through. It's a standard deadbeat move. I expected him to give you a check and then bounce it, but same thing. He was feeling you out to see what he could get away with. Glad to hear you have a pit bull for a lawyer. Years ago I was going after someone. I arranged to pick the money up in 2 days. A day later I found out that a lawyer who also had the account went there and got the money before me. I called him up, told him he was an SOB, and then hired him.

If you can't get the money, always get your pound of flesh. It feels so good.

P.S., I expect your lawyer will probably lien the boat even before he tries to speak with him.

P.S. Although illegal, I've heard of people having a deadbeat's mail forwarded to Siberia. By the time someone straightens that out their life is ruined. I'm not advocating that. Just saying.

As you have hired attorney you are going after him and our suggestions are moot.

However, some comments.

The idea is to get him to go after you to clear the claim... meaning he has reason to as the pain is not worth the price of payment. Strategically in legal and practically this gives you the advantage as he has to WANT to clear the claim. Otherwise, it will practically never be paid.

The advice I gave would have eliminated you going after him... it would be just a matter of time and he would come to you to settle. Also, though the ruse my not hold up in a Court... but it might very well hold up it depends on the Judge as it is an equitable claim... the issue is HE is the one that would have to initiate action to clear the claim... then you would be able to make counter claim and you would win on that even if the Judge found the lien improper... your argument on that would meet the standards of pleading so it would a reasonable extension. The most likely outcome would be the lien removed for him and a judgement for the money agains him on counterclaim. So he would have taken you to court to get the judgment placed on him! Furthermore, statistically in Florida or USA houses turn over for loans or sales very often, and the Florida Courts are callus toward deadbeats.

You see the strategic dilemma for him to clear the lien he will win but he will lose doing so... and he would have the costs in time, bother and attorney's fees to clear the lien... easier to just pay.

Some advice is that in life you will lose far more often than win. But key is to figure out how to lose and win. This applies to investment strategies and huge fortunes can be made when things turn south... just one must plan to lose more often than win and turn that upside down.

Whereas FYI, in France loans and houses do not turn over as often maybe once in a generation! And, building a new house initials the full payment of the VAT on completion or first sale in cases of development!