BMW Needs To File A Lien Against A Vessel In California. Who Has Done This?

[fstbttms]

I have a client who refuses to pay for hull cleaning services that we have already provided. Typically in this situation I send a "Letter of Demand" threatening small claims court and/or a mechanic's lien and usually this is enough to motivate the client to pay. Not so in this case. Never having actually filed a lien on a vessel before and finding confusing/conflicting information about the process online, I thought I'd ask here if any of you legends have experience with it in California (or more specifically, in Alameda County) and can enlighten me on how to go about it. Thanks.

 

[billy backstay]

Go down and foul the shit out of his bottom, and tie a bucket or three to the keel and rudder, if it's not transom mounted....

Used to be when a Tenant stopped paying, some Landlords would go into the apartment while they are away at work, throw all their possessions  into the yard, or street, and change the locks.   That would get you jail time nowadays!!

 

[Ventucky Red]

Is there a contract in place for the services?

If not, you're only recourse may be small claims court.

Also, check the DMV website, they may have some guidance on how to go about this or at least all the paperwork.

 

[SloopJonB]

 

[fstbttms]

But a quick question, what is this customer's reasoning for not paying?

Customer claims the work was never authorized, despite my showing her the lengthy text conversation in which she did indeed authorize the work.

 

[fstbttms]

Is there a contract in place for the services?

If not, you're only recourse may be small claims court.

Also, check the DMV website, they may have some guidance on how to go about this or at least all the paperwork.

No official "contract" in place, as is typical in this industry. As noted above, she did however, authorize the work in writing via text message.

I have looked at the DMV website but it seems to have nothing on the placing of a lien, only on the execution of "lien sales."

I am also going to file in small claims court, which I have done before.

 

[fstbttms]

BTW- the harbormaster and neighboring liveaboard were made aware of this situation by the client, so any retribution taken by me would likely get me banned from the marina, besides being illegal. So that's a non-starter. And I've been in this business long enough to know that's not how a reputable service provider rolls anyway.

 

[Cruisin Loser]

Pass the word to the other people in your business. Just the facts, the work was authorized, you did the work, she did not pay. 

Like it or not, most people end up with the reputation they deserve.

Good call on the retribution. Two wrongs don't make a right. 

 

[fstbttms]

Pass the word to the other people in your business. Just the facts, the work was authorized, you did the work, she did not pay. 

Like it or not, most people end up with the reputation they deserve.

I admin a Facebook group of 2300 hull divers and one of the functions of the group is to provide a place to "blacklist" deadbeat customers, which I have done in this case. But if you know anything about hull divers, then you know that there is always going to be somebody hungry enough to take any job that comes along, regardless of what they may have learned about the customer.

 

[Grande Mastere Dreade]

calling Clean, Clean,  cleanup in isle 2  down by the scrubbers..

 

[pbd]

Small claims seems to be the best action.

As long as she's not selling a lien doesn't really put any pressure on her

 

[fstbttms]

Small claims seems to be the best action.

As long as she's not selling a lien doesn't really put any pressure on her

Her intent is to sell the boat.

 

[SloopJonB]

BTW- the harbormaster and neighboring liveaboard were made aware of this situation by the client, so any retribution taken by me would likely get me banned from the marina, besides being illegal. So that's a non-starter. And I've been in this business long enough to know that's not how a reputable service provider rolls anyway.

But apparently not long enough to develop a sense of humour.

 

[Ishmael]

Go down and foul the shit out of his bottom, and tie a bucket or three to the keel and rudder, if it's not transom mounted....

Used to be when a Tenant stopped paying, some Landlords would go into the apartment while they are away at work, throw all their possessions  into the yard, or street, and change the locks.   That would get you jail time nowadays!!

I knew a landlord who would simply go and take their front door away.

 

[Max Rockatansky]

Call yer local sheriff and see if they will offer advice

 

[fstbttms]

Call yer local sheriff and see if they will offer advice

Not a bad idea. Thanks.

 

[BobJ]

A boat yard would know how to file a lien and I think you know some of those folks.

 

[fstbttms]

A boat yard would know how to file a lien and I think you know some of those folks.

Also a good tip. Thanks Bob!

 

[LakeBoy]

How is the boat registered?  State ( w/title) or USCG documented?  That should guide on way to place lien. 
Is it listed w/Broker?  May want to have a word with them just to “advise” about the situation.