Is this the right time/place?
 

Is this the right section to post about a boat company that settled a lawsuit, then failed to pay any part of the settlement. I'm still waiting on my $80,000 and counting (interest and legal fees suck dont they), yet the owner still posts away on this website like nothing is wrong (he is currently a gold member, and no longer an advertiser). This is nothing new, just wondering if now is a better time to bring it up. Everyone seemed to jump on the hate Fred bandwagon, and rightfully so, since he screwed some mebers out of thousands, so I was wondering if they would have the same reaction to this company(s).

And a couple legal questions:
When a company changes hands, and changes names from Company A Power Boats inc. to Company A Powerboats, the libility remains with the company unless they file for bankruptcy correct?

If Company A sell and engine that they do not have possesion of, (essentially selling a piece of paper with serial numbers on it) and that engine legally belongs to another person, isn't that fraud?

As my firm is in invloved in the sale of companies maybe I can help answer your questions. Normally in the sale of a company a lien/judgement search is done by the Lawyers and your lawsuit would have shown up on a filing providing your Attorney filed correctly. A new owner would have to assume that liability or make sure it was taken care of before closing. However if the company filed for bankruptcy and still has assets and still is in business but changed the name, I think it is time to call your Lawyer to proceed with collection. Either way call your Lawyer. Go after the collection process right away. Getting a judgement/settlement does not mean they will automatically write a check.

Thank you for your response. I believe the company was "sold" to a family member, as far as "assets" everything is in someone elses name, and we are not at the top of the list of people owed $. This settlement is already 2 years old with not even an attempt of payment.

Sounds like Pantera...

$80K sounds like enough to maybe force a bankruptcy. I had one for about 1/4th that last year. I went to the county where they were located and transfered the judgment there. Then I had the sheriff serve them- they went in and innventoried everything and tagged it for a Sheriff's sale and had a truck backed up to the door to have it moved into storage pending the sale. There was so much stuff that my attorney went to the judge and got a lockout order- based on the suspicion they would try to move the tagged property. The building was locked and a locksmith changed the ket, Two days later they paid the judgment. not only was it satisfying to get the $$, the best par was watching them $hit themselves when I showed up with 6 deputies and had them expelled from their business- in front of their employees, landlord and the other business owners in their complex.

P.S. My attorney told me this wasn't possible- I went ahead and did it anyway- called him after I had the arrangements made so he could be there. Don't take no for an answer.

PPS. Out the son's of biitches on OSO so we can start beating on them.

I agree. Do exactly what Chris said. Not a guarantee, but your best bet.

I agree with Chris... don't take no for an answer & go after what's rightfully yours!

I too would like to know who the deadbeat builder is so I steer clear of their BS biz practices.

Thanks, that sounds like a great idea. We have a signed settlement, not a judgement, will this idea still work? Did you do this in FL.
Thanks.

Probably not- a settlement is a contract. They're in violation so you'll have to file suit for breach. Or you may be better off to litigate on the original point- the "settlement" should be a compelling piece of evidence that will work in your behalf though. It's a long, tedious and frustrating process and you'll likely have to come out of pocket about 1/3rd to 1/2 of what you're owed. Watching an owner's face as you have a small army evict him from his business and seize his property is incredibly fulfilling though.

Mine was in Ohio but you still have the same basic common-law concepts. You may have specific statutes either enabling or prohibiting certain actions but Florida is pretty consumer-friendly.

Now that's funny!!

Wow, you seem very calm for a guy that got phucked out of $80K. I just don`t think I could sit back and wait on payment. I know it`s probably illegal, but I would show up at their door with about 4 huge guys carrying baseball bats and demand some form of payment. That would be a good start anyways.

Pantera the boats???????? WTF?

I agree with Chris on this.
If you can, please post up as much information as you feel comfortable here. Even though one OSO member may disagree with another about politics or 'who builds the best boat', the members here pretty much have each other's back when it comes to issues about financial wrongdoings or issues about family. It's like a big family, and the ability for other members to avoid a bad situation could start right here with you.
Jim

If there is one thing that really chap's my a$$ it's when somebody screws you over on a deal and makes you go through the grief of trying to get your money back....

I do agree it is worth the effort to see the look on their face once they get the message. We had a different situation with an ex-partner who had some sticky fingers...

it drug on for over two years with his attorney racking up all kinds of bills for him...we just waited till the time was right and finally settled on tax day seven or eight years ago.

Best part was when we did the buy-out which was less most of the monies he stole, his attorney required that their names also be on the check so they could get all he owed them.... He signed the check and then they took it bringing out another with a much smaller amount...

My partner our attorney and myself started laughing as we went out the door what a putz....

I like the saying: "Don't get mad, Get Even"....works for me...

Good Luck and Merry Christmas to all

I've said my piece about con artist boat builders before and got flamed on here. This company has been outed by others already. Do a search before buying a custom boat in s. fl, or email me for a recommendation. I'm calm now because this case is over 5 years old already.

I doubt they have enough assets in their shop to even cover the original settlement amount, much less any additional attourney fees, but it may be worth it to finally put them out of business for good. Unfortunatly they might just take the money they've been hiding with family members, splash another boat, become company a custom boats inc or some other variation and be right back in it.

Flamed as a result of the same dynamic as the Trick Marine cheerleading squad.

I'm guessing that the flamethrower/cheerleader crowd has learned their lesson with the Trick deal.

OK so I did a search Lostin and I can only snoop 500 of your post back- who was it?

Here's a hint. Draw your own conclusions.
http://www.offshoreonly.com/forums/s...d.php?t=103319

Chris...the sad thing is that the "moderators" deleted some very informational threads, yes they got a littly chippy, but there was quite a bit of information that should be available for a search if a prospective buyer needs to do some research.

EDIT:
This company is now an ADVERTISER again.

Yep.....a lot of people have, but some haven't. :D :D

lmao, this is a funny statement, being as he was listed as a defendant in the following cases with the owner of the body shop. :rolleyes: oh it is public record too, more lies :D

In His Own Words
 

Out the son's of biitches on OSO so we can start beating on them.

Chris ........heres a real scumbag that needs your immediate attention! I hope all the bleeding hearts don't start with their "witch hunt" & "hater" horsechit.........Go get em!!!!!!!!!!

http://www.offshoreonly.com/forums/b...rson-like.html

..

It's Pantera.
http://www2.miami-dadeclerk.com/publ...ds/Search.aspx

Search them in the Miami-Dade county clerk public records. Our settlement is 5/16/2005 if you want to narrow the search.
They agreed to the settlement. Still waiting on our $80k plus interest.

This should be a warning to all the Pantera lovers wanting to get one of those new 41 footers.

generally, when two parties sit down and sign a settlement, someone has their checkbook with them or close by. why would you sign the settlement without having the check on the table ? an offer of "settlement" from someone you already don't trust doesn't mean much if they don't back it up with a check by the close of business...

didn't you just put yourself at further risk and , essentially, let them off the hook by giving them a release on just a promise to pay ?

Changed my thoughts on a 41 footer right away! Doesn't really matter though, can't do nothing anyway for now. Will enjoy what I have till construction picks up. Good to know, a thief is the lowest piece of do-do there is...................................Rjr.......... ..........................

We agreed to structured payments. They missed the first one, then changed the name of the company. We agreed to less then was owed because we thought something was better then dealing with this BS anymore. By the time we settled, the lawsuit was alread years old, that was 5 years ago. The boat was a 2001.
Jo contacted me last year and offered to start making payments, but has yet to send anything. With their cult-like following here and other boards, bringing it up in public was doing me no good, hence the title of the thread "Is this the right time/place". With their apparent success of the 41, I was hoping they had some money to pay this off, but they are not making any effort. I hope more people reaslize who these people really are.

JO/Pepe - It's time to suck it up and pay what you owe. I WILL NOT LET THIS DIE!!!

rick, give me a call if you want. i might be able to point you in the right direction. being from jersey, i know you think things are corrupt up there, south florida is way worse. but with the right lawyer things might be go more in your direction

dave

talk your way out of that one