Legal Question in Admiralty Law in California

is non payment of collectors fee a bsis fot filing a marine lien

Asked on 8/24/17, 8:27 am

1 Answer from Attorneys

Timothy McCormick Schneider, Holtz & Hutchison

It depends on whether you are talking about an undocumented vessel or a documented vessel, i.e., does it have a California DMV CF number and registration (undocumented), or is it a US Coast Guard registered vessel (documented). DMV registered vessels are considered personal property, and they can be liened just like a car and similarly to any other valuable equipment. If it is a "documented" vessel, you must file an In Rem proceeding against the vessel in federal court and then have the vessel "arrested." In Rem and arrest is only available to collect debts owed for materials and services provided and rendered to the vessel itself.

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Answered on 8/24/17, 2:40 pm

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