Im not a lawyer and have never stayed at a Holiday Inn Express but given that you have paid monthly fees to the marina does that not imply some sort of agreement with the marina? Kind of similar to a Common Law marriage. You never formally got married but since you have been together for 'X' years you are legally married. Something to look into perhaps?

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Isnt selling the boat like a divorce settlement. She got the house so she pays the rates.

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I'm willing to bet a decent sum that the Empire State has several statutes that apply to this situation to one degree or another.

Most states have their statutes on-line, so you can search through them. If they have the annotated ones available, so much the better.

But NY does have a long-arm statute regarding jurisdiction, so they might still be able to bring suit against you. If they do, once you are served, failure to defend will result in a default judgment.

As for district court...I haven't seen anything in the thread that raises a color of federal jurisdiction anyway. It looks to be purely a matter of state law.

However, the ability to sue under the long-arm statute is one thing; whether they can win is less clear -- and the statutes may help classify that. Things in your favor include their acknowledgment that you no longer own the boat and the lack of a written contract, so whatever statutes there are become that much more important.

If you don't want to research the statutes yourself, it's probably worth contacting a NY attorney who can advise you as to how murky these waters really are and, ultimately, the best way to proceed.

Good luck.

Having worked at a marina and dealt with this crap, here are my 2 cents.

Abandoned boats are a royal PITA. Legally you can't touch them unless you have title to them, so marinas are forced to store abandoned boats until they can get title.

As for getting back storage and reimbursed for disposal costs good luck on the marina's part. You can try but most of the time its a waste of effort.

Since the new owner essentially gave it to the marina they can now cut it up and may already have if the keel is lead I wouldn't be surprised if it was scrapped already. Can they sue you? Sure, but for the cost of a dumpster and a few guys to cut it up, I don't see it happening.

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No statute at all. You must go to NJ and file the action in the domicile of the defendant. You cannot file it in a NY small claims court.

As I already explained, you cannot even file it in another county of NY State. You must go the the county of the defendant.

Yes, it's the perfect scam under small claims rules.

That may be a defense, however the defendant would have to raise it as such. In other words, show up in court and meet their burden of proof.

States must recognize the valid judgments against individuals properly rendered by courts in another state. Further, states that participate in the Uniform Enforcement of Foreign Judgments Act streamline the process. A judgment from another state can be collected in the same way as a local one, via garnishment, lien, or attachment.

I again strongly advise that before legal advice is being proffered, it be done carefully and within the law.

We disagree. BTW, where did you study civil procedure law?

Let's just leave it at that. Challenging my legal credentials, when you already know I'm a mechanical engineer belittles you, unnecessarily.

I've done my research and I know the law in this state.

When you can file a small claims action in NY against someone who lives in NJ, or any other state, you let me know.

The mortgage company could care less whether your ex-wife was told by the court to make payments and has the right to the house. Unless there was a change in the loan itself (refinance, formal agreement with lending institution, etc) if she stops paying they can come after him and more than likely will win judgement in a court if he resists.

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Ahhh, yes. So you are saying you can get a judgment? And in my experience getting a judgment is easy compared to collecting from a dead beat.

And what is it worth to Kerry? If Kerry owns no real property in NY what is the chance the marina can collect from him?

And your advice to secure a lawyer in NY is fine but we are talking less than a $1,000 debt here. He may as well pay the bill as spend it on a lawyer.

Am I wrong?

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You are absolutely correct.

Lawyers have no tolerance for anyone without a license, as clearly evidenced by the above post and others.

Some of my past doctors did the same thing. When cornered, they start the condescension............."you're not a doctor".

Let's assume that Mr. Marina gets a judgment in NY. Collecting on that judgment in a foreign state, such as CO would require that a CO court recognize the validity of the NY court's judgment, which most states view was mere formality, ie. instituting collection procedures in CO. Now, that will involve some costs and Mr. Marina may not want to spend the money, but it still is a viable option. The other option that Mr. Marina may have is to sell the claim (factoring) to a collection agency.

No, that would make sense, just as it would to 3rd party Mr. Buyer to indemnify Mr. K for all the charges incurred after the subsequent sale, including attorney fees and costs.

Let's not.

There is no economical way to achieve this.

Brian, there are clearly defined ethical rules that are the basis for that lack of tolerance. Are you suggesting that those ethical rules be dismissed? As also said, an attorney in NY, CO or the situs of this forum, reading this forum,could arguably be in violation of their own state bar's ethics rules. It's not a personality defect that causes professionals to give such warnings, rather it's part of the rules that they have to abide by.

Thanks for the chat, it's been fun.

You can have all the ethical rules that you wish.

When someone without a license posts information, it doesn't give you carte-blanche to be condescending to them simply because you have the license.

If you don't wish to partake in the discussion because you believe you'll violate your ethical rules, then you know what to do.

FWIW, I would never behave in the same fashion to anyone who questions something regarding mechanical engineering and rely on my credentials.