Quote:
Originally Posted by kerry
I have a copy of the signed registration and bill of sale. The current owner has contacted the marina indicating that he is the now the owner. He is not disputing his ownership and actually, neither is the marina or the attorney since the attorney stated the name of the new owner in the letter to me. The letter said that despite the fact that I sold the boat, I am still responsible for storage costs. It's that fact that makes me think the marina has no legal claim against. If they were saying I was still the legal owner it would be a different issue.
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Do you have a signed contract with the marina?
What does it say?
Absent a signed contract, and with the marina acknowledging that you are no longer the owner, I don't believe they can prevail.
My curiosity rests with the venue. Can they sue you in NY when your residence is in CO? I recently had a small claims case where, as the plaintiff, I had to go to the locale of the defendant. I suppose this will not apply if they utilize an attorney and go to district court. This would be dependent on the amount involved.
If they sue you in NY, it becomes a real problem as you, effectively, must retain an attorney. No matter how this is reconciled, you're screwed with regard to money. So, as a practical matter, I would not simply tell them to pound sand, even if I'm fairly certain of prevailing.