Maritime Liens
Placing and Enforcing Maritime Liens in South Carolina and Georgia
Maritime liens against vessels are different in many aspects from landside liens against houses or cars. For instance, unlike the general priority rule for landside liens (“first in time, first in right”), the general rule for priority in maritime liens is “LAST in time, FIRST in right.” This means that the longer you delay in enforcing your claim, the more likely you are to lose priority for your claim and not get paid.
If you have provided supplies or other necessaries to a vessel, if the owner or crew has breached a contract, if you have been injured due to a vessel’s unseaworthiness or in a collision, if you have a preferred ship mortgage, or if the owner of a boat or ship owes you money, you may have a maritime lien.
You may be able to recover through enforcement of the lien. However, you do have other options available to you. It is important to discuss strategy with an experienced maritime and admiralty law attorney before placing or enforcing a maritime lien.
The Charleston law firm of John Hughes Cooper, P.C., has addressed the maritime and admiralty law needs of the South Carolina and Georgia marine communities since 1984. Our attorneys represent maritime workers, private boat owners, commercial shipping companies and other marine industries in all manner of maritime legal issues.
If you have questions about placing a maritime lien, enforcing a maritime lien or defending against a maritime lien, contact our office to schedule a private and complimentary initial consultation. We have immediate appointments available for urgent questions.
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or 1-800-883-9099 (Toll Free) | E-Mail
Maritime liens are available in almost every situation in which a boat owner owes money:
- Foreclosure for failure to pay a ship mortgage
- Failure to pay marina fees or repair charges
- Tort liens for a finding of tort liability against a boat owner after an accident caused injury or property damage
- Contract liens for supplies and other necessaries or for failure to pay wages
A maritime lien gives the lien holder an extremely powerful right — the right to force the sale of the vessel (or another vessel of the same owner) to satisfy the debt. This happens via a process called vessel arrest or vessel attachment.
Sometimes, it is not necessary for a debt holder to undertake the sometimes costly process of arresting a vessel in order to get payment for a debt. In some circumstances, pressure may be brought to bear against the debtor by filing a notice of the lien with the U.S. Coast Guard National Vessel Documentation Center. This notice may cloud the title to the vessel and discourage potential buyers. This, in turn, may encourage the current owner to make good on the debt.
Liens Against Foreign-Flag Vessels: The law office of John Hughes Cooper, P.C., can enforce liens against foreign-flag vessels that are in U.S. waters in and around South Carolina and Georgia.
Call 1-800-883-9099 · Free Consultations · Immediate Appointments Available
At the law office of John Hughes Cooper, P.C., we understand that placing, enforcing and defending against maritime liens can become an urgent issue. We offer consultations after regular business hours and have immediate appointments available for urgent questions.
To schedule a consultation with one of Charleston's experienced maritime lawyers, call us toll free at 1-800-883-9099 or contact us online.
General information about maritime liens is available on The Admiralty Docket.
