LostinBoston

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?

Brad Zastrow

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.

LostinBoston

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.

Indy

Sounds like Pantera...

Chris Sunkin

$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.

handfulz28

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

Jigsaw89

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.

LostinBoston

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.

Chris Sunkin

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.

marylandmark

Now that's funny!!