Each person or entity submitting claim
of lien, in so doing, agrees to the following process for
the resolution of disputes concerning the accuracy, or continued
existence of the lien claimed. Any claim of lien expunged
as pursuant to Paragraph b., below, will not be accepted for
reentry once expunged, and any person or entity which files
more than three (3) such claims will be barred from filing
any further claims.
The procedures outlined below take in to account the legal
reality that maritime liens may only be enforced by an action
in rem pursuant to the law where the vessel is found and an
action to enforce the lien is commenced. The notices filed
with MarineLiens.com are simply claims of lien.
A vessel owner may challenge any claim of lien posted on MarineLiens.com
by accessing the claim on the MarineLiens.com site, and responding
to the claim. The response will be automatically e-mailed to
the Claimant. That e-mail shall state with specificity the
facts or legal theories supporting the challenge. In the event
that either:
- The party claiming the lien responds to the
challenge with a rebuttal that addresses the facts or
legal theories supporting the challenge within thirty (30)
business days after the challenge is made, both the challenge
and the rebuttal will remain of record on MarineLiens.com
until the earliest to occur of (1) the issues between
the parties being resolved and reported to MarineLiens.com,
or (2) three months after the Vessel is sold, and notice
of the sale is given to MarineLiens.com by the Vessel’s
new Owner, or (3) three years after the claim is first
filed;
or
- The party claiming the lien either does not
respond to the challenge with a rebuttal that addresses
the facts or legal theories supporting the challenge within
thirty (30) business days after the challenge is made
or fails to communicate directly with the Vessel’s Owner
the claim of lien will be expunged from MarineLiens.com’s
records.
