The U.S. Admiralty/Maritime Law which governs vessels and the sea, states that a vessel can be seized/arrested for any qualifying legal action which often refers to maritime liens and liens for repairs, storage, towing, crew wages, or any expense that may be due and unpaid against a vessel. In order to arrest a vessel for a civil lien there must be a court order authorizing a U S. Marshal seizure/arrest. This process usually requires the services of a maritime /admiralty attorney.
When a vessel is authorized for seizure/arrest the Marshal’s Service dispatches agents to the vessel’s location. The Substitute Custodian generally accompanies the U.S. Marshal's Service at the time of the seizure/arrest. The procedure includes taking possession of the vessel and placing copies of the U.S. Marshal’s seizure/arrest stickers on at least two locations of the vessel. A third sticker is placed at the boat’s main entrance and provides information about the arrest. These stickers clearly state that anyone boarding the vessel is subject to immediate arrest and fine.
Under some circumstances the vessel will remain at the location where it was arrested, but typically it is necessary to relocate the vessel to a Substitute Custodian's location to insure the security of the vessel and its contents.
The role of a Substitute Custodian. A Substitute Custodian is generally appointed by the court to lessen the burden of cost of storage and care of the vessel and to act on behalf of the U.S. Marshal's Service. The Substitute Custodian will take care and custody of the vessel, provide a secure facility for the vessel while the court proceedings take place and or until the release to owner or the sale of the vessel.
The arrested/seized vessel may end up in a U.S. Marshal’s sale if the court deems necessary . In such instances the vessel is advertised for sale through an appropriate publication. The terms of the sale are identified and a U.S. Marshal's bid sale takes place on the court house steps. Often the lender will be the highest bidder, thus regaining free and clear possession of the vessel unless another bidder submits a bid higher than the lender.
The U.S. Marshal sale is final and strips away any past or present liens which may have followed the vessel. All lien claims are paid in the order of priority from the proceeds of sale. To see a more in-depth explanation of this process, please see below link. www.usmarshals.gov/process/admiralty.htm
You may have breached your loan contract by missing monthly payments or your vessels insurance may have lapsed.
We have completed a personal property inventory report and sent you a certified letter by mail if your vessel was repossessed in FL, otherwise you may receive notice by phone or email with instructions on how to retrieve your property.
Please contact your lien holder before contacting us!
Your vessel is in one of our secure storage facilities.
Depending on your state laws, your lien holder may proceed with court proceedings to obtain a deficiency judgement against you.
Unless your vessel was repossessed more than once, you may generally be able to make arrangements to redeem your vessel by paying your past due and any related repossession and storage fees.
