thelog.com
Attorney From page 6
plank of the ship remains.” Modern commercial mariners enjoy many of the same protections under the law today that their predecessors enjoyed 200 years ago. A maritime lien for unpaid crew wages is still a very high priority lien. In a case where a vessel is seized to satisfy unpaid claims, crew wages will be paid before all other maritime liens, including a mortgage or a personal injury or sal- vage lien. After the boat is sold and crew wages are paid, all of the other creditors will fight over the remaining scraps. So the crew is generally taken care
of in a “meltdown” scenario where a long list of creditors go after a boat. But this may not help our reader. She is concerned about the rights of one person who may have trouble getting paid on time. She would have a senior maritime lien for those wages, but as we have explained many times in this column, having a lien and enforcing a lien are two very different things. Enforcing a lien against a docu- mented vessel means filing a lawsuit in federal court and having the boat “arrested” and taken into custody by U.S. Marshals. A very powerful, but very expensive proceeding. The costs associated with the arrest of a vessel to enforce a maritime lien against a small yacht may easily exceed $40,000, and some percentage of those costs will not be recoverable through the sale of the boat. So this is a great procedure if someone else ini- tiates and pays for the vessel arrest, but it’s simply not practical for an individual crewmember who is simply trying to get paid. One alternative for any person with a small claim against a vessel is to sue the owner in small claims court. The fact that a claim for crew wages is a maritime claim does not mean that a vessel arrest is the only source of recovery. A lawsuit in small claims court is not as dramatic as a vessel arrest but it is often the fastest and cheapest way to pursue a small amount of money. Another alternative for a person
with a relatively small claim against a vessel is to record a Notice of Claim of Lien against the vessel with the US Coast Guard. As we have acknowl- edged numerous times in this col- umn, the recording of a Notice of Claim of Lien has no real legal effect. Instead, this procedure does exactly what the name implies. It is a Notice that somebody Claims to have a Lien against a boat. Recording a Notice of Claim of Lien will not lead to the immediate recov- ery of a claimant’s money and it will not interfere with the owner’s opera- tion of the boat or the owner’s rights of ownership. The recorded notice will, however, remain as mark against the title until the claimant files a sub- sequent document called a “Satisfaction of Claim of Lien.” While it technically has no legal effect, a
Notice of Claim of Lien will interfere with the owner’s ability to sell the boat. No lender will loan money on a boat with an existing claim against it, and the boat cannot be removed from US documentation until the claim is satisfied. So this tactic will often bring a boat owner to the table in a case where he may otherwise have ignored a claimant.
Like most of the subjects we discuss in this column, no two claims for unpaid claims against a vessel are alike and, as such, an experienced maritime attorney should be consult- ed for more detailed information on the options for enforcement of a spe- cific claim.
HARBOR FREIGHT
QUALITY TOOLS LOWEST PRICES
David Weil is licensed to practice law in the state of California and, as such, some of the information provided in this column may not be applicable in a jurisdiction outside of California. Please note also that no two legal situ- ations are alike, and it is impossible to provide accurate legal advice without knowing all the facts of a particular situation. Therefore, the information provided in this column should not be regarded as individual legal advice, and readers should not act upon this information without seeking the opin- ion of an attorney in their home state.
David Weil is the managing attorney at Weil & Associates (
weilmaritime.com)
FREE NO PURCHASE REQUIRED NO PURCHASE REQUIRED
7 FUNCTION DIGITAL
ITEM 90899 98025/69096 Item 90899 shown
$999 VALUE
LIMIT 1 - Cannot be used with other discount coupon. Coupon good at our retail stores only. Offer good while supplies last. Non-transferable. Original coupon must be presented. Valid through 12/15/14. Limit one FREE GIFT coupon per customer per day.
WHY A FREE GIFT?
Because once you see our GREAT QUALITY and RIDICULOUSLY LOW PRICES, you'll never buy tools anywhere else!
Item 69034 shown
10 FT. x 20 FT. PORTABLE CAR CANOPY
SAVE $
100 68218/60728
LOT NO. 69034
$9999 $14999
REG. PRICE $199. 99
LIMIT 3 - Good at our stores or
HarborFreight.com or by calling 800-423-2567. Cannot be used with other discount or coupon or prior purchases after 30 days from original purchase with original receipt. Offer good while supplies last. Non-transferable. Original coupon must be presented. Valid through 12/15/14. Limit one coupon per customer per day.
"We Are Impressed With the Quality... The Price is Incredible"
– Car Craft Magazine
SAVE $330
Item 68784 shown
44", 13 DRAWER INDUSTRIAL QUALITY ROLLER CABINET
LOT NO. 68784 69387 62270
• 2633 lb. Capacity • Weighs 245 lbs.
$36999
• Super High Gloss Finish
REG. PRICE $699 .99
LIMIT 3 - Good at our stores or
HarborFreight.com or by calling 800-423-2567. Cannot be used with other discount or coupon or prior purchases after 30 days from original purchase with original receipt. Offer good while supplies last. Non-transferable. Original coupon must be presented. Valid through 12/15/14. Limit one coupon per customer per day.
Item 68333 shown
$
SAVE $200
$499 VALUE
LIMIT 1 - Cannot be used with other discount coupon. Coupon good at our retail stores only. Offer good while supplies last. Non-transferable. Original coupon must be presented. Valid through 12/15/14. Limit one FREE GIFT coupon per customer per day.
LIMIT 1 - Save 20% on any one item purchased at our stores or
HarborFreight.com or by calling 800-423-2567. *Cannot be used with other discount, coupon, gift cards, Inside Track Club membership, extended service plans or on any of the following: compressors, generators, tool storage or carts, welders, fl oor jacks, Towable Ride-On Trencher, Saw Mill (Item 61712/62366/67138), Predator Gas Power Items, open box items, in-store event or parking lot sale items. Not valid on prior purchases after 30 days from original purchase date with original receipt. Non-transferable. Original coupon must be presented. Valid through 12/15/14. Limit one coupon per customer per day.
20
3200 RUNNING WATTS 6.5 HP (212 CC) GAS GENERATORS
$29999
• 70 dB Noise Level Item 68528 shown
REG. PRICE $499.99
LIMIT 5 - Good at our stores or
HarborFreight.com or by calling 800-423-2567. Cannot be used with other discount or coupon or prior purchases after 30 days from original purchase with original receipt. Offer good while supplies last. Non-transferable. Original coupon must be presented. Valid through 12/15/14. Limit one coupon per customer per day.
SAVE $50
1500 PSI PRESSURE WASHER
LOT NO. 68333 /69488
7999 REG. PRICE
$129 .99
LIMIT 5 - Good at our stores or
HarborFreight.com or by calling 800-423-2567. Cannot be used with other discount or coupon or prior purchases after 30 days from original purchase with original receipt. Offer good while supplies last. Non-transferable. Original coupon must be presented. Valid through 12/15/14. Limit one coupon per customer per day.
• 100% Satisfaction Guaranteed • Over 25 Million Satisfi ed Customers
• No Hassle Return Policy • Lifetime Warranty On All Hand Tools
SAVE 66%
Item 94141 shown
TRAILER HITCH LOT NO. 94141 69874/61320 61913/61914
TRIPLE BALL
$1999 $2999
REG. PRICE $59. 99
LIMIT 3 - Good at our stores or
HarborFreight.com or by calling 800-423-2567. Cannot be used with other discount or coupon or prior purchases after 30 days from original purchase with original receipt. Offer good while supplies last. Non-transferable. Original coupon must be presented. Valid through 12/15/14. Limit one coupon per customer per day.
SAVE $72
4000 PEAK/ LOT NO. 68528/ 69676/69729
LOT NO. 69675/69728 CALIFORNIA ONLY
6" VARIABLE SPEED DUAL ACTION POLISHER
Item 69924 shown
69924 /62403 REG. PRICE $129 .99 $5799
LIMIT 3 - Good at our stores or
HarborFreight.com or by calling 800-423-2567. Cannot be used with other discount or coupon or prior purchases after 30 days from original purchase with original receipt. Offer good while supplies last. Non-transferable. Original coupon must be presented. Valid through 12/15/14. Limit one coupon per customer per day.
LOT NO. SUPER COUPON!
OFF %
• Weighs 77 lbs.
RAPID PUMP® 3 TON LOW PROFILE HEAVY DUTY
2-3/4'' High LOW PROFILE
29'' Long
STEEL FLOOR JACK Item
61253 shown
$ 1/4" x 50 FT. MULTIMETER
POLY ROPE ITEM 90760
The Log • August 15 - 28, 2014 • 19
in Long Beach. He is an adjunct profes- sor of Admiralty Law at Loyola University Law School, is a member of the Maritime Law Association of the United States and is former legal coun- sel to the California Yacht Brokers Association. He is also one of a small group of attorneys to be certified as an Admiralty and Maritime Law Specialist by the State Bar of California. If you have a maritime law question for Weil, he can be contacted at (562) 438-8149 or at dweil@weil-
maritime.com.
Ask your question online at
thelog.com.
NO PURCHASE REQUIRED
NO PURCHASE REQUIRED FREEFREEFREE
MULTIPURPOSE SCISSORS
Item 47877 shown • Stainless Steel Blades
ITEM 47877/67405 60274/60430
$499 VALUE
LIMIT 1 - Cannot be used with other discount coupon. Coupon good at our retail stores only. Offer good while supplies last. Non-transferable. Original coupon must be presented. Valid through 12/15/14. Limit one FREE GIFT coupon per customer per day.
ANY SINGLE ITEM
LOT NO. 68049/62326 60688/61253/61282 SAVE $90
20"
7999 REG. PRICE
$169 .99
LIMIT 5 - Good at our stores or
HarborFreight.com or by calling 800-423-2567. Cannot be used with other discount or coupon or prior purchases after 30 days from original purchase with original receipt. Offer good while supplies last. Non-transferable. Original coupon must be presented. Valid through 12/15/14. Limit one coupon per customer per day.
3 GALLON, 100 PSI OILLESS PANCAKE
SAVE 50%
$3999
Item 95275 shown
• 500 Stores Nationwide •
HarborFreight.com 800-423-2567
AIR COMPRESSOR LOT NO. 95275 60637 69486 61615
REG. PRICE $79.99
LIMIT 4 - Good at our stores or
HarborFreight.com or by calling 800-423-2567. Cannot be used with other discount or coupon or prior purchases after 30 days from original purchase with original receipt. Offer good while supplies last. Non-transferable. Original coupon must be presented. Valid through 12/15/14. Limit one coupon per customer per day.
SUPER COUPON!
SUPER COUPON!
SUPER COUPON!
SUPER COUPON!
SUPER COUPON!
SUPER COUPON!
SUPER QUIET
SUPER COUPON!
SUPER COUPON!
Page 1 |
Page 2 |
Page 3 |
Page 4 |
Page 5 |
Page 6 |
Page 7 |
Page 8 |
Page 9 |
Page 10 |
Page 11 |
Page 12 |
Page 13 |
Page 14 |
Page 15 |
Page 16 |
Page 17 |
Page 18 |
Page 19 |
Page 20 |
Page 21 |
Page 22 |
Page 23 |
Page 24 |
Page 25 |
Page 26 |
Page 27 |
Page 28 |
Page 29 |
Page 30 |
Page 31 |
Page 32 |
Page 33 |
Page 34 |
Page 35 |
Page 36 |
Page 37 |
Page 38 |
Page 39 |
Page 40 |
Page 41 |
Page 42 |
Page 43 |
Page 44 |
Page 45 |
Page 46 |
Page 47 |
Page 48 |
Page 49 |
Page 50 |
Page 51 |
Page 52 |
Page 53 |
Page 54 |
Page 55 |
Page 56