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nom=de=plume nom=de=plume is offline
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First recorded activity by BoatBanter: Aug 2009
Posts: 5,427
Default Okay, so here's what happened.

"Gene" wrote in message
...
On Tue, 24 Nov 2009 17:09:12 -0800, "nom=de=plume"
wrote:

"Gene" wrote in message
. ..
On Tue, 24 Nov 2009 15:34:53 -0800, "nom=de=plume"
wrote:

"John H" wrote in message
m...
On 27 October I took my boat in to get the oils changed and engine
winterized. Also wanted them to check the alternator. Told them,
Dumfries Marine, that they could take their time as I'd be out of town
for a few days.

I got back in town after a trip to NC, and saw no message on the
machine from them. Didn't worry. Waited another week, but still had
heard nothing. Finally, around 9 November, I'm thinking they should
have called, so I call them. No answer. Leave a message.

Next day same thing. I call, no answer, leave message. I did this
every day that week. I try over the weekend - nothing.

The next week comes and I start by calling them on Monday, that's 16
Nov. No answer. Tuesday AM I drive to Dumfries to see what the hell is
happening. No one around (at about 10:30), no sign on door, no
nothing. My boat is behind the building with a padlock on the hitch,
but other than that there is no security.

Wednesday I call again, nothing. I drive down Thursday, and again on
Saturday morning. Nothing. Yesterday AM I call and get a recording
that the phone's been disconnected. ****.

I call the Dumfries Police. Explain what's happened. They try to call
and get the answer machine. The 'disconnected' recording was a fluke,
or I misdialed. Don't know. The police said they'd check things out
and get back to me. They also said I might have to take the matter to
civil court as they have no report of a crime. I tell them that as far
as I'm concerned my boat's been stolen. They never got back to me.

This morning I rent the biggest bolt cutter the rental place can
provide. Costs me ten bucks. I'm off to get my damn boat. When I get
there I see a pickup backed up to the door and a bunch of stuff loaded
in the back. I try the door and it's open. I yell and someone replies.
Turns out to be one of the two brothers who run the place.

I ask what the hell's going on. He shrugs, but doesn't answer. I ask
if they're still in business. Another shrug. Finally I tell him I want
my damn boat. He hands me the keys. When I ask him why he hasn't
called, his response is, "Personal problems."

Anyway, I get my boat and go. Last time I go there for anything.
--

John H


It's probably pretty good that you didn't act on getting your boat with
the
bolt cutters. Even though it was your boat, you could be charged with
trespass, breaking/entering, perhaps property damage, and God knows what
else.

Been there, done that, bought the T-shirt. John's actions were BY FAR
the best approach.

To assume that our court system works is to engage in a fool's errand.
You will spend forever engaged in placating the system and paying
obscene amounts to attorneys.... with unpredictable results, at best.

When faced with this sort of issue.... a wise individual seeks
forgiveness, NOT permission.....
--
It is usually futile to try to talk facts and analysis to people who are
enjoying a sense of moral superiority in their ignorance.
-Thomas Sowell

Grady-White Gulfstream, out of Oak Island, NC.

Homepage
http://pamandgene.tranquilrefuge.net/boating/the_boat/my_boat.htm

Forté Agent 6.00 Build 1186 Beta



No problem if you don't mind spending a couple of days in jail while they
sort it out, and it's still illegal to damage property, trespass, etc.


Been there, done that..... by the rules..... (which in hindsight and
with knowledge of the law) was really stupid.

Knowing what I know, now..... and with previous counsel of
attorneys..... John was prepared to take the ONLY sane WISE course of
action available to him.

Pretend you are the DA.... tell me why you are arresting me for
"stealing" property for which I have a Certificate of Title.

Want to try to make that breaking and entering charge stick without
proof? Try me, I'll have your ass......


Here's a thought exercise for you...

DA: Did you or did you not enter SoSo's property without permission?
Gene: It was my boat.
DA: Non-responsive. Would the court please direct the witness to answer the
question.
Judge: Answer the question.
Gene: Yes.
DA: Did you damage SoSo's property in the act of removing the boat from said
property?
Gene: I cut a lock that was holding my boat.
DA: Non-responsive. Would the court please direct the witness to answer the
question.
Judge: Answer the question.
Gene: Yes.
DA: I rest my case.

--
Nom=de=Plume