On Tue, 24 Nov 2009 21:34:21 -0800, "nom=de=plume"
wrote:

"jps" wrote in message
.. .
On Tue, 24 Nov 2009 20:35:01 -0800, "nom=de=plume"
wrote:

"jps" wrote in message
...
On Tue, 24 Nov 2009 18:22:53 -0800, "nom=de=plume"
wrote:

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

"Gene" wrote in message
news:2ksog59uigvdmlrfvm4eufm24srkhcq5m0@4ax .com...
On Tue, 24 Nov 2009 15:34:53 -0800, "nom=de=plume"
wrote:

"John H" wrote in message
news:cmjog5pf3q1n5mf5nongv4l517jtd4m6so@4 ax.com...
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?

He didn't respond to my phone calls and during three visits to the
property during business hours, he was not on the premises. The
premises appeared to have been abandoned and I didn't want my boat to
be interpretted as abandoned.

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?

I had full intention of reimbursing SoSo's cost of the security
device, if I could *find a way to get a hold of him.*

Judge: Well Gene, seems like you took matters into your own hands and
normally we'd frown on such an act. But under the circumstances I
understand your concern and think you conducted yourself in a
reasonable manner. We'll drop all charges when you've made
restitution to the scum bag who didn't bother to call you to let you
know they were going under.


Maybe... it would have to be pretty obviously abandoned property. A few
calls and a few tries probably wouldn't be enough. You can't break laws to
prevent someone else from breaking the law. Also, using "intention" as a
defense might work, but lots of people claim that... it wasn't my
"intention" to kill him, but my hand slipped and the gun went off.

I expect, given the circumstances, the judge would be pretty lenient.
If the Bigot Herring's story is accurate, he did put a lot of effort
into trying to contact the shop, including two trips.

If Bigot Herring's boat was on unsecured property, I think most city
attorneys would think no harm, no foul.


Probably. I read it over again, and I didn't see a mention of it being
behind a gate, so they're probably let it go. Just remember though, trespass
is valid even if there's no gate. You just have to be careful. If someone
saw him cutting a lock and the police showed, he'd better be able to prove
it's his boat. They might let him split, but you never know.

Think I'd do the same thing under those circumstances but would think
twice about breaking into a secured lot to recover my property.