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

"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
om...
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.

"nom=de=plume" wrote in message
...
"Gene" wrote in message
...
On Tue, 24 Nov 2009 19:48:07 -0500, Rob wrote:

John H wrote:
On Tue, 24 Nov 2009 19:01:48 -0500, Gene
wrote:

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

"John wrote in message
...
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.....

I figured possession was nine-tenths and all that. I'd have felt much
better getting hassled about cutting the lock off while the boat was
in *my* driveway.

They would have had the keys, but I could get more made.

In this case, they had possession of the boat - not you. Under
bankruptcy law, they couldn't keep it for too long.

Rob

You Sooooooooo don't get it. While they held the boat, John had to sue
for possession. Once he had regained possession, they had to perfect a
claim on HIS boat.....

Maybe you think they could get the DA to arrest John for "stealing"
his own property, I think not....


You would think wrong then. Well, I'll qualify that and say the police
would for sure make an arrest if there were witnesses. The DA might drop
the charges, but I wouldn't want to bet on it.

--
Nom=de=Plume

Wonder what would have happened if Johnny cut the chain and left the yard
open after he left, exposing any other boats to theft by the first non
desirable who came along.

"John H" wrote in message
...
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

Good on you for getting your boat back.
Bad on you for taking yourself so damn long.
You're lucky you got it back at all, as in that much time, it could have
floated out of there, never to be seen again.
A good deed to those people who were losing their business, yet had enough
decency not to sell your boat for parts to the first scavenger who came
along.

Steve

"Don White" wrote


Read that manual and winterize it yourself.......
oh wait...you don't read manuals.

Probably doesn't have the thirty minutes it takes to "winterize".

Steve

In article ,
says...

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
...
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......

Really. John didn't get any information from them telling him not to
take his boat. He just went to grab his boat, that's all.

In article ,
says...

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

"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
om...
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...


Here's reality:
DA: Did you or did you not enter SoSo's property without permission?
Gene: There was nobody there to say no....
DA: Non-responsive. Would the court please direct the witness to answer the
question.
Judge: Answer the question.
Gene: No.
DA: Did you damage SoSo's property in the act of removing the boat from said
property?
Gene: Me? What?
DA: Non-responsive. Would the court please direct the witness to answer the
question.
Judge: Answer the question.
Gene: Yes.
DA: Oh, ****!

Your version? Screwed up!

"I don't recall" works pretty good too, unless there is a willing eye
witness or film.

"Don White" wrote in message
...

"nom=de=plume" wrote in message
...
"Gene" wrote in message
...
On Tue, 24 Nov 2009 19:48:07 -0500, Rob wrote:

John H wrote:
On Tue, 24 Nov 2009 19:01:48 -0500, Gene
wrote:

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

"John wrote in message
...
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.....

I figured possession was nine-tenths and all that. I'd have felt much
better getting hassled about cutting the lock off while the boat was
in *my* driveway.

They would have had the keys, but I could get more made.

In this case, they had possession of the boat - not you. Under
bankruptcy law, they couldn't keep it for too long.

Rob

You Sooooooooo don't get it. While they held the boat, John had to sue
for possession. Once he had regained possession, they had to perfect a
claim on HIS boat.....

Maybe you think they could get the DA to arrest John for "stealing"
his own property, I think not....


You would think wrong then. Well, I'll qualify that and say the police
would for sure make an arrest if there were witnesses. The DA might drop
the charges, but I wouldn't want to bet on it.

--
Nom=de=Plume

Wonder what would have happened if Johnny cut the chain and left the yard
open after he left, exposing any other boats to theft by the first non
desirable who came along.

Whew... that would be bad news... the prosecutor would be much less inclined
to give someone a breat I'm betting.

--
Nom=de=Plume

"Gene" wrote in message
...
On Tue, 24 Nov 2009 18:26:15 -0800, "nom=de=plume"
wrote:

"Gene" wrote in message
. ..
On Tue, 24 Nov 2009 21:07:09 -0500, H the K
wrote:


"Rob" is just the latest sock puppet of "DanKrueger," who claims to live
in Florida.

It doesn't really matter. These folks need a real world wake-up and I
have attorney receipts (and others) that attest to the dangers of
dealing with "Jaysus" people. The last one ripped us off for $2500.
Sooner or later, my wife and others, who would like to take these
people at face value, will get it. There are those who play the system
like a violin..... and we need to be wiser and more savvy than those
folks or they'll drain us for ever drop of blood we have....


I assume you're talking about lawyer... Yes, "let's kill all the lawyers."
http://www.enotes.com/shakespeare-qu...ll-all-lawyers

Sniff...

No, I'm not. I'm talking about crooks who hire mercenary attorneys.


Ah.. ok, I'll wipe my nose.

--
Nom=de=Plume

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

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

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

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

--
Nom=de=Plume

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

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

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

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


Here's reality:
DA: Did you or did you not enter SoSo's property without permission?
Gene: There was nobody there to say no....

DA: Was the gate locked?
Gene: Yes.
DA: If my front door is locked and nobody answers, do you think it's ok to
break the lock and walk in?

DA: Non-responsive. Would the court please direct the witness to answer
the
question.
Judge: Answer the question.
Gene: No.
DA: Did you damage SoSo's property in the act of removing the boat from
said
property?
Gene: Me? What?

DA: What about the witness that watched you break the lock?
Gene: Ummmm....

DA: Non-responsive. Would the court please direct the witness to answer
the
question.
Judge: Answer the question.
Gene: Yes.
DA: Oh, ****!

Oh, ****? You just made his case.

Your version? Screwed up!

My version... more like what you learn in law school.

--
Nom=de=Plume