"nom=de=plume" wrote in message
...
"I am Tosk" wrote in message
...
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.


Nope... Permission needs to be explicit. Not giving permission is implied
by said lock.

--
Nom=de=Plume


Just state they said to come get your boat. And since the business has a
phone disconnected, and no one was available during normal business hours or
could be contacted, I did what they said to do. Picked up my boat. They
would have to prove you were not told to pick up your own boat. The DA's
have enough cases, they do not want to screw around with this crap. And
also if in Calif, they have to release people from jail to reduce numbers
and cost. You think the DA is going to spend any time or money on a case
like this?

"nom=de=plume" wrote in message
...
"JustWaitAFrekinMinute!" wrote in
message
...
On Nov 24, 11:39 pm, "nom=de=plume" wrote:
"I am Tosk" wrote in
...





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.

Nope... Permission needs to be explicit. Not giving permission is implied
by
said lock.

--
Nom=de=Plume- Hide quoted text -

- Show quoted text -

Uh, what lock?

The lock on the hitch I believe.



--
Nom=de=Plume


Tell them it was your lock and no spare key.

"Bill McKee" wrote in message
...

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

"Gene" wrote in message
m...
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@4a x.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


Judge, the property was abandoned, I could not contact the business and my
very valuable boat was sitting there with electronics, etc. ripe to be
looted. Since there has been no one there during business hours and the
phone was disconnected, I was protecting my property.

Like I said, maybe. Clearly, the property wasn't abandoned, since someone
was there at the end of John's story.

Of course, without the complete facts, it's hard to know what would happen.

--
Nom=de=Plume

"Bill McKee" wrote in message
m...

"nom=de=plume" wrote in message
...
"JustWaitAFrekinMinute!" wrote in
message
...
On Nov 24, 11:39 pm, "nom=de=plume" wrote:
"I am Tosk" wrote in
...





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.

Nope... Permission needs to be explicit. Not giving permission is
implied by
said lock.

--
Nom=de=Plume- Hide quoted text -

- Show quoted text -

Uh, what lock?

The lock on the hitch I believe.



--
Nom=de=Plume


Tell them it was your lock and no spare key.

Sure thing. I've seen cases where they take the suspect in anyway. It's not
uncommon. They haul in anyone and everyone, then sort it out later. I'm not
sure it's worth spending the afternoon or perhaps night in common lockup.

--
Nom=de=Plume

"Bill McKee" wrote in message
m...

"nom=de=plume" wrote in message
...
"I am Tosk" wrote in message
...
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.


Nope... Permission needs to be explicit. Not giving permission is implied
by said lock.

--
Nom=de=Plume


Just state they said to come get your boat. And since the business has a
phone disconnected, and no one was available during normal business hours
or could be contacted, I did what they said to do. Picked up my boat.
They would have to prove you were not told to pick up your own boat. The
DA's have enough cases, they do not want to screw around with this crap.
And also if in Calif, they have to release people from jail to reduce
numbers and cost. You think the DA is going to spend any time or money on
a case like this?

So, you're willing to sit in jail... well, ok. Sure, you'll get out (maybe)
after a hearing. With the docket crowded as it is, I'm sure you'd get out by
February.

--
Nom=de=Plume

On Tue, 24 Nov 2009 19:45:42 -0500, Rob wrote:

I am Tosk wrote:
In ,
om says...

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.

Have you contacted the local news and papers. This sounds like something
that needs to be brought to the attention of the locals. If they are
going under (sounds like it), folks should know like you to go get their
boats, or any other assets they people are holding...

If they file Chapter 7, the boats in the yard can be quickly returned to
the owners. If they are torn apart, in the middle of a service, you are
out of luck and will have to pay someone else to finish the job. If
they have an account started with you, with a balance, the bankruptcy
court can attempt to make you pay for the benefit of the trust.

Rob - Been there, different circumstances.

The guy said they'd put the stabilizer in the tank, but nothing else.
If they push for it, I'll give them the $10 or whatever. No problem.
--

John H

On Tue, 24 Nov 2009 19:36:24 -0500, Rob wrote:

Don White wrote:
"John wrote in message
...
On Tue, 24 Nov 2009 15:51:38 -0600, Vic Smith
wrote:

On Tue, 24 Nov 2009 16:40:21 -0500, John
wrote:


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

Sounds like they're goners anyway.
Looks like you were just in time. Good move.
Better see if they actually winterized your boat.

--Vic

I'm not taking any chances. I took it to another Yamaha guy a little
further down the road, Stafford Marine. Told them what happened. Told
them to winterize it, even if it had already been done.

I hadn't given the Dumfries folks any money, so I'm not out anything.
It just takes an extra half-hour of driving to get to this place. But,
that's OK.
--

John H

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



He has a big boy outboard that they don't sell at Toys R Us.

Rob

And a *new* big boy outboard. Once the warranty has expired, *then*
I'll start doing this stuff myself.

Up until then I figure I'll help out the local marina economy. When
you've got all the money I have (~snerk~), a hundred bucks once a year
isn't going to hurt anything!
--

John H

On Tue, 24 Nov 2009 20:47:29 -0500, Gene
wrote:

On Tue, 24 Nov 2009 20:37:45 -0500, Rob wrote:

Personal property that is in for repair is always released
prior to the auction

Only so far as it is "free and clear." A less than honest mechanic can
create a very convincing labor lien based on services not performed.

If he is *really* clever he knows how to perfect a labor lien... if
not, he'll threaten and cajole. Your MilkToast position would make you
ripe for picking......... man up, dude......

again..... this isn't opinion.... I have battle scars....

I'm glad you two had this discussion. It lets me know my initial
inclination was correct - to cut the damn lock and take the boat home.

You know, I'm wondering now if the guy felt threatened by the bolt
cutter I was carrying. That damn thing had three foot handles.
--

John H

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

No, if the guy hadn't been there to unlock the hitch lock, I'd have
cut off the lock and brought it home.
--

John H

On Tue, 24 Nov 2009 20:28:18 -0500, Gene
wrote:

On Tue, 24 Nov 2009 17:13:15 -0800, "nom=de=plume"
wrote:

"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.

We'll let me assure you this..... having been there? I'll be wrong,
take my chances.... and feel very sure that I'll be fine.....

Now you see why I can pay no attention to her vacuous, space-cadet
responses.
--

John H