Recommendation for a Maritime Attorney

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Need some recommendations for maritime attorneys that can practice in Washington State. The idiot that distroyed my dock shed did not have insurance on his boat.

Thanks-Tom
 
Hardly seems like a maritime event if the shed was built on land. Would have thought any decent attorney would be able to sue for damage to a building whether caused by a car or a boat.
 
Hardly seems like a maritime event if the shed was built on land. Would have thought any decent attorney would be able to sue for damage to a building whether caused by a car or a boat.

Saw a photo...shed was on floats.
 
So I guess it was a boat vs boat collision
Did the shed have its nav lights on??
 
I would want a maritime atty for this situation. If it goes to litigation,the boat owner will surely have one...... And he'll hope the boathouse owner doesn't.
Attorneys specialize for a reason.
 
Is the shed covered by your insurance? If so, file a claim with your insurance, and let them go after the other person. Let it be their problem, not yours. That's what you pay premiums for.
 
Before I spent any money on an attorney I wold investigate the person that did the damage.

The thought is that if he doesn't have boat insurance, does he have any assets?

Cant get blood from a turnip my mom always said.
 
Nicoll, Black, and Feig- maritime attorneys.

Rivers Black
O: (206) 838-7542
C: (206) 914-1215

Good point made to have your insurance cover the loss, then subrogate on your behalf. Their pockets are much deeper than yours...
 
Boating and SMALL claims sounds like an oxymoron.....

I don't know the extent of the damage, but California allows suits for $10,000 in small claims, more than most states. $10,000 for individuals to sue, $5,000 for Corporations.
 
Nicoll, Black, and Feig- maritime attorneys.

Rivers Black
O: (206) 838-7542
C: (206) 914-1215

Good point made to have your insurance cover the loss, then subrogate on your behalf. Their pockets are much deeper than yours...

They also can afford better lawyers and they know when it's worth suing. They will often decide just to pay and you might be upset they did so, but they recognized that the cost of litigation vs the likelihood of ever collecting money wasn't worth it.
 
So the shed is part of the dock and not on land. The boat owner who caused the damage is uninsured and his wake in a "no wake" zone is the cause of the damage.


I have insurance on my dock, but it is only liability. Bummer me on that one. I have been trying to get full coverage on it, but have not been able to find a company that will insure just docks. Floating home, yes not just docks.
 
An update on the sinking of my storage shed.

Well the jerk, Robert Brown, that sunk our storage shed on our dock has been found guilty of "Reckless Operation of a Vessel" was found guilty and ordered to pay restitution in the amount of $31,000. That amount does cover all the damage, but helps.
 
Tom, would your insurance cover the balance? Or his liability insurance?


Also, did you notify the USCG of the accident? I would think they'd be interested in knowing about this jerk's lack of ability at the helm and lack of financial ability.
 
If that judgment is in Washington and Mr. Burns is as well then take that judgment and record it with the auditor in the county where Mr. Burns lives. The judgment will become a title lien against any real property he may own which would be paid in the event of his refinance or sale. The recording may also protect you in the event he files bankruptcy. You can also do a title search to see if he owns property anywhere else, and make a similar recording. Recording should cost you about $110 for each county.
 
If that judgment is in Washington and Mr. Burns is as well then take that judgment and record it with the auditor in the county where Mr. Burns lives. The judgment will become a title lien against any real property he may own which would be paid in the event of his refinance or sale. The recording may also protect you in the event he files bankruptcy. You can also do a title search to see if he owns property anywhere else, and make a similar recording. Recording should cost you about $110 for each county.


Thank you. We will do that.



Tom, would your insurance cover the balance? Or his liability insurance?


Also, did you notify the USCG of the accident? I would think they'd be interested in knowing about this jerk's lack of ability at the helm and lack of financial ability.

I did contact the CG when it happened, but was told to contact local authorities. Based on the amount, I wonder if they would get involved.

Mr. Brown did not have any insurance of any kind on his boat. My insurance does not cover it.
 
Mr. Brown did not have any insurance of any kind on his boat. My insurance does not cover it.



Yet another example of his irresponsibility. I don’t know the process but is is possible to get a court to order a wage garnishment to cover it? The lien is a great idea, but it means you have to wait for your money. $30k now is worth a lot more than $30k in 15 years.
 
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Yet another example of his irresponsibility. I don’t know the process but is is possible to get a court to order a wage garnishment to cover it? The lien is a great idea, but it means you have to wait for your money. $30k now is worth a lot more than $30k in 15 years.


Not sure about the US, but only the government(s) can garnish wages in Canada.
 
Not sure about the US, but only the government(s) can garnish wages in Canada.

Private parties (creditors) can garnish wages in the US, if they have a judgment and a court order to do so, and can identify assets or income. Execution on a money judgment is not quick and easy though, so plaintiffs/creditors always have to decide whether the potential recovery is worth the time and killing lots of trees on paperwork and legal process. (Not an attorney and I don't play one on TV, but my job at court does help pay for my boating habit. And I'm married to one of them lawyer types.)
 
A judgement usually bears interest which helps, provided you do eventually recover the debt.
No idea about over there, but here you can(could) get an order requiring a debtor to attend court for examination on financial status, earnings,employer details,assets,and to produce documents tending to show those things. It is an opportunity to reach a deal,or failing that, to get the info needed to pursue recovery.
In practice most "examinations" were conducted outside Court between the parties, but an uncooperative debtor can be examined in Court.
Whether you have this system I know not, it worked well here, but some debtors are not worth pursuing.
 
Yet another example of his irresponsibility. I don’t know the process but is is possible to get a court to order a wage garnishment to cover it? The lien is a great idea, but it means you have to wait for your money. $30k now is worth a lot more than $30k in 15 years.

He has until Aug. 5th to pay in full or set up a payment plan. To get garnishment and liquidate his assets would require another lawyer and we would have to sue him in civil court. Not sure if I want to spend 10k. He is on disability social security. So not thinking that far ahead yet.
 
Best of luck collecting the judgment.
 
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He has until Aug. 5th to pay in full or set up a payment plan. To get garnishment and liquidate his assets would require another lawyer and we would have to sue him in civil court. Not sure if I want to spend 10k. He is on disability social security. So not thinking that far ahead yet.
He may not be worth "powder and shot". (I don`t mean that literally)
Can the restitution order be registered in the Civil court without suing him?
 
From your description, you don't have a judgement, just an order of restitution. That can be enforced by the government through coercive means, but you really can't do much on your own.

The issue is more likely a coverage issue, rather than a damage issue. You might call Mike Farnell's firm in Portland. They are licensed in WAshington as well. I've worked with them on coverage issues in the past. they are at 503 222 1812.

The other thing you can do is to pay for an asset search. It may cost a couple hundred, but you'll know if there is property or other items. Given his income, if he has no property easily convertible to cash, its not going to be worth going after him. He's likely to ignore you and try and file chapter 7 to avoid payment. (that chapter 7 will discharge any judgment you get, but will not affect the restitution order. If he's got assets you might higher a lawyer to get the judgment. If not, talk to farnell's office to see if they have some ideas on squeezing coverage out of whatever policies exist.
good luck

to answer some of the other questions posted here: No, you cannot simply take a restitution order and have it become a civil judgment that you can enforce. Different animals. Interest on a judgement in WA is 12 per cent/annum. Typically, in a state court judgement, most restitution orders do not include interest unless referred by the county to a collection agency. (but that's not universal, so worth a call to the clerk's office to confirm). Federal orders do include interest...I think.
If you do get a judgement, its good for 10 years in Washington and then has to be renewed for another ten, or it goes away. Every once in a while, they do pay off. I just got a call from a title company this afternoon asking for a total payoff on a judgment I took for a client 14 years ago.

good luck


toni
 
In my experience obtaining a judgement is one process and obtaining and perfecting a lien is another process.
 
We took a guy to small claims court in WA state and won the max ($5,029.00). He is (so called) self employed so there are no wages to garnish. He has no real estate assets. His only asset appears to be a 15 year old diesel dodge truck and a KTM dirt bike. (In hindsight I should have offered to settle for the KTM?)

There's just no (legal) way to force him to pay. It's an exercise in frustration. I wish you better luck. Maybe the dude has a job.

I like Peter's advice the best. Let your insurance company handle it. OTOH, my experience with insurance companies is that instead of saying "oh Fred has been graciously paying his premiums for many years, let's just cover this loss" they soon raise your rates to cover the amount of the loss.

It's one of those deals where there's no happy ending.
 

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