Admiralty and Maritime Law

Florida maritime lien attorney

“A lien is a lien is a lien, but a maritime lien is not.“

Gilmore and Black, The Law of Admiralty, 586, 2nd ed. (1985).

Maritime liens are defined by Admiralty Law and are creditor liens on a vessel for those who either provided service to the vessel or suffered injury from using the vessel.

Complexities of maritime liens

Because maritime lien law is complicated, you should consult a lawyer who is knowledgeable in this specific area of law.

The following complexities are characteristic of maritime liens:

Some maritime liens attach to borrowed or leased equipment on the vessel.
The lien remains attached to items when removed from the vessel.
Other types of maritime liens do not attach to borrowed or leased equipment.
Invalid maritime liens can result in severe sanctions against the creditor and creditor's attorney in federal court.

Services to new boats never launched are not subject to maritime liens.
Breach of contract for vessel purchase is not subject to maritime lien.
Recordings of maritime liens are not subject to UCC regulations and are optional, resulting in secret liens.

Examples of maritime liens

Debts secured by a maritime lien may include:

Repairs and maintenance
Seamen’s wages
Towage
Moorage
Fuel

Consumable goods
Liability for collision damage
Liability for damage to a dock
Maintenance, cure, and unearned wages for injured seamen
Personal injury liability compensation

Maritime foreclosure process

The foreclosure process for a maritime lien varies greatly from home foreclosures. If a creditor files a maritime lien claim in federal court, a federal judge can order a federal marshal to seize the vessel without a hearing or issuing a judgment. The creditor has tremendous power and rights in stopping a vessel owner from sailing away to avoid the lien.

Stevens & Goldwyn, P.A. represents creditors throughout the maritime lien process and makes every effort to effectively and efficiently pursue and/or defend your case.

Arrange a free consultation

Call the Plantation, Florida law firm of Stevens & Goldwyn, P.A. at 954-458-9393 or contact us online today to arrange a free initial consultation. Discuss your maritime

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