Legal Question in Civil Litigation in Maryland

My husband and I co-own a boat with another couple. Around October 2009 they took the boat to have it winterized and shrink wrapped without our knowledge. They then proceed to tell us it cost $650. I felt it was a little high since we usually don't have the boat shrink wrapped, so I asked to see the receipt. I also asked him where the boat was. As of today, I have yet to see a receipt, nor do I have any idea where my boat is. I have been asking for months and all I am being told is..."I didn't get a receipt myself." And..."I don't have the guys address. All I know is it is near the river." It is supposedly his sister-in-laws friend. I can't believe he doesn't know where it is! I did give pay $200 towards the cost of the boat, which is after he gave me a reduced price. The other problem is that this couple filed bankruptcy a few years back and the boat was included in their bankruptcy. They kept telling us it wasn't. Come to find out after making a few calls that they are not even responsible for the payments. It's all on my husband and I. What can I do legally to find out where my boat is?


Asked on 5/04/10, 2:03 pm

1 Answer from Attorneys

Robert Sher Wagshal and Sher

It sounds like you don't have much to do with this boat, other than to have invested in it. If it was included in a bankruptcy, you should have received notice of the proceeding. Are your names on the title, or is this just an informal "co-ownership". Depending on the nature of the bankruptcy, it may no longer be under your legal control or that of your "friends". You will probably need to sever your relationship over the boat with this couple. They obviously know how to find out where the boat is through the person who allegedly "shrink-wrapped" it, even assuming they allowed him to store it somewhere without telling them exactly where at the time. Ask them to tell you how to get in touch with the shrink wrapper so you can contact him directly. You will want to inspect the boat to find out its condition. If they stone-wall you on that, you should consult with an attorney who has familiarity with litigation and bankruptcy, and who can look up the bankruptcy proceeding to see whether the boat was really involved in it. If you still have a legal interest, you may have to file a legal action to dispose of the boat if one of you can't agree to buy out the other.

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Answered on 5/10/10, 6:29 am


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