Hi.
It's been awhile since I posted (which is good!) and I'm not sure this is the right forum to place this question. I'm wondering what a person needs to do to place a lien against someone's personal property.
Take this situation, for instance.
Let's say someone owned a slip in a community boat dock. There are ten slips in the dock and there is no association, no agreement or by-laws governing how business is conducted. Over the years it has always been done by the general agreement of everyone in the dock.
Then, three of the owners decide they want to rebuild the dock. All but one agrees to their plan. The one that does not go along tells the one in charge, in writing, that they do not have their permission to conduct business on their behalf. They do that several times.
Those who have taken control of the dock never notify the owner of the slip about any meetings, or provide them minutes of those meetings, or respond to their request for information about what is going on.
The others go ahead and rebuild the dock any way. They tell the owner that objects that they owe 1/10th of the rebuilding cost.
Those who have taken control of the dock try to rebuild it without the objector's slip in it, but the US Army Corps of Engineers will not let them. They state that they do not care about the law or rules of the Corps. They have the majority and they will get what they want. That is all in writing or recorded.
Those in charge of the dock tell the objector that they will not have a slip in the new dock unless they enter into a contract with the dockbuilder, and pay 1/10th. The Corps says that is bunk, that the objector will have a slip in the new dock.
After the fact, after the new dock was delivered, those who took control of the dock adopt by-laws giving them power to place liens, etc. The objecting owner refuses to sign those bylaws and again states they do not acknowledge that anyone else has the right to conduct business over their personal property.
They have owned the slip for nine years, longer than all but one other owner in the dock.
The objector sells the slip to another party, that party sells the slip to another party, and that party now has it for sale. Each time it transferred free and clear, there having been no legal attempt to collect the alleged debt and no lien placed on the slip. Those who made the decision to rebuild the dock without the permission of the objecting owner are now threatening the current owner, and any future owner, claiming that slip still owns 1/10 of the rebuilding cost.
The person in charge of the rebuilding continues to send hateful letters and emails to the objecting family.
Separate to the legal issue of placing a lien, those who took control of the dock have been harassing, threatening, and stalking the family that objected. Naturally, there's been the normal defamation and slander that goes along with neighbor disputes. That family has indisputable proof of that.
So, is there any conceivable way a lien can be placed on the slip in question?
All hypothetical, of course.
It's been awhile since I posted (which is good!) and I'm not sure this is the right forum to place this question. I'm wondering what a person needs to do to place a lien against someone's personal property.
Take this situation, for instance.
Let's say someone owned a slip in a community boat dock. There are ten slips in the dock and there is no association, no agreement or by-laws governing how business is conducted. Over the years it has always been done by the general agreement of everyone in the dock.
Then, three of the owners decide they want to rebuild the dock. All but one agrees to their plan. The one that does not go along tells the one in charge, in writing, that they do not have their permission to conduct business on their behalf. They do that several times.
Those who have taken control of the dock never notify the owner of the slip about any meetings, or provide them minutes of those meetings, or respond to their request for information about what is going on.
The others go ahead and rebuild the dock any way. They tell the owner that objects that they owe 1/10th of the rebuilding cost.
Those who have taken control of the dock try to rebuild it without the objector's slip in it, but the US Army Corps of Engineers will not let them. They state that they do not care about the law or rules of the Corps. They have the majority and they will get what they want. That is all in writing or recorded.
Those in charge of the dock tell the objector that they will not have a slip in the new dock unless they enter into a contract with the dockbuilder, and pay 1/10th. The Corps says that is bunk, that the objector will have a slip in the new dock.
After the fact, after the new dock was delivered, those who took control of the dock adopt by-laws giving them power to place liens, etc. The objecting owner refuses to sign those bylaws and again states they do not acknowledge that anyone else has the right to conduct business over their personal property.
They have owned the slip for nine years, longer than all but one other owner in the dock.
The objector sells the slip to another party, that party sells the slip to another party, and that party now has it for sale. Each time it transferred free and clear, there having been no legal attempt to collect the alleged debt and no lien placed on the slip. Those who made the decision to rebuild the dock without the permission of the objecting owner are now threatening the current owner, and any future owner, claiming that slip still owns 1/10 of the rebuilding cost.
The person in charge of the rebuilding continues to send hateful letters and emails to the objecting family.
Separate to the legal issue of placing a lien, those who took control of the dock have been harassing, threatening, and stalking the family that objected. Naturally, there's been the normal defamation and slander that goes along with neighbor disputes. That family has indisputable proof of that.
So, is there any conceivable way a lien can be placed on the slip in question?
All hypothetical, of course.
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