A maritime lien is a claim against a boat
for non payment of goods or services supplied to a boat.
The lien arises the moment the work is completed or the goods are
supplied. A lien becomes delinquent when the request
for payment is delayed or denied. A supplier or service
provider has options:
The Supplier or contractor can post a claim of lien on the
www.marineliens.com
web site and use the posted claim as a gentle persuasion and
continue to pursue the collection. If that fails he
may leave the claim posted on the
www.marineliens.com
web site and wait until the vessel is sold or financed in
which case the search would show the claim and the claimant
will be paid.
The Supplier or contractor can post a claim of lien on the
www.marineliens.com
web site and have his attorney send a letter to the boat�s
representative along with a copy of the posted claim. This
method often works well.
The Supplier or contractor can post a claim of lien on the
www.marineliens.com
web site, and have his attorney proceed with the legal process
of arrest of the boat.
What is a maritime lien � Detailed?
- A lien is a charge against property for payment of debt.
Maritime liens can arise under general maritime law (arising
from collision or personal injury) and by statute (ship
mortgages). Ordinarily, local law where arrest of a vessel
or personal property occurs, governs the validity
of the lien and its priority with respect to other liens.
A maritime lien has characteristics that distinguish it
from other liens:
- A maritime lien is a claim laid against maritime property,
most often a vessel, but may also be brought against other
personal property involved in maritime transactions such
as cargo.
- A maritime lien arises from services rendered to or
injuries caused by maritime property.
- Generally a maritime lien attaches to the property and
is valid whether or not recorded. It travels with the
vessel or personal property from port to port and owner
to owner until it is extinguished or discharged.
- Unlike land liens, most recent maritime liens may have
first priority, subject to statutes such as those establishing
mortgages.
- A maritime lien is enforced by an action against the
property itself, by arrest. That suit must be brought
in a court having jurisdiction over the place where the
property is located at the time of enforcement. A maritime
lien is not a possessory lien such as a mechanic�s lien.
- A maritime lien is extinguished by destruction of the
vessel or property, or laches (undue delay in enforcement),
or is discharged by payment or judicial act.