Vessel Arrest &
Substitute Custodian
At Wilson Yacht Survey & Damage Claims, we specialize in providing vessel arrest services and substitute custodian services for yachts under court jurisdiction. We understand the complexities and importance of vessel arrests, which are a crucial part of maritime law. Whether you are a shipowner, legal professional, or insurance company, we are equipped with the experience and expertise to manage vessel arrests efficiently and professionally.
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A vessel arrest is a legal process by which a court gains control over a vessel due to maritime claims. This process typically involves the arrest of the vessel to settle claims related to liens, mortgages, unpaid debts, or damages resulting from accidents or contractual disputes. Wilson Yacht Survey & Damage Claims offers comprehensive support during this process, ensuring that the vessel is properly secured, maintained, and managed until the legal issues are resolved.
What is Vessel Arrest?
A vessel arrest is part of the Admiralty Law process, where a vessel is seized by the court to establish jurisdiction over a maritime dispute. In such cases, a lawsuit is filed against the vessel itself rather than the vessel's owner. These legal actions are referred to as in rem actions, meaning that the action is directed against the thing (the vessel) rather than the individual or entity that owns it.
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In the case of an arrest, the vessel becomes responsible for paying off maritime liens, unpaid mortgages, or any other claims against it. The First Preferred Ship’s Mortgage (a maritime lien) ensures that the vessel itself, not the owner, guarantees payment for debts related to the vessel.
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The arrest is executed by the U.S. Marshal or another authorized officer who takes possession of the vessel and ensures that it remains under the court's jurisdiction. This process involves posting a Notice of Arrest on the vessel, providing formal notification to the vessel's master, the owner, and any other parties with an interest in the vessel.
Substitute Custodian Services
One of the critical roles in the vessel arrest process is the appointment of a Substitute Custodian. This individual or entity is responsible for taking control of the vessel and ensuring it remains properly secured and maintained throughout the duration of the arrest. The U.S. Marshal initially takes control of the vessel upon arrest, but a Substitute Custodian is often appointed to manage the vessel until the court’s final judgment is rendered.
As part of our vessel arrest services, Wilson Yacht Survey & Damage Claims can serve as a Substitute Custodian, ensuring that the vessel is well-maintained, secured, and protected from further damage while under arrest. Our team handles all aspects of vessel care, including:
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Routine maintenance and repairs to prevent further deterioration
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Securing the vessel to ensure that unauthorized personnel do not gain access
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Handling logistics for the vessel's transportation or relocation if necessary
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Inventory management and documentation of the vessel's condition
Our experienced team will work closely with the U.S. Marshals, the court, and any other stakeholders to ensure that the vessel is properly managed throughout the arrest process.
The Arrest Process and Our Role
The process of arresting a vessel involves several steps, and our team at Wilson Yacht Survey & Damage Claims plays a key role in supporting legal professionals, shipowners, and insurers during this challenging process. Below is an overview of how the arrest process works and where our services come into play:
Legal Filing and Arrest Notice
A lawsuit is filed against the vessel, and a Notice of Arrest is issued. This notice is posted on the vessel, and the U.S. Marshal physically takes possession of the vessel. At this point, the vessel is placed under the court's jurisdiction, and all access is restricted.
Vessel Survey
Once the vessel is arrested, we conduct an initial vessel survey to assess the vessel’s condition. This survey includes evaluating the hull integrity, systems, and identifying any immediate repairs that may be necessary. We work closely with the legal team to document any damages or issues that could be relevant to the case.
Appointment of Substitute Custodian
After the vessel is arrested, the court will appoint a Substitute Custodian. Wilson Yacht Survey & Damage Claims can serve in this role. As Substitute Custodians, we take responsibility for the vessel's ongoing care and maintenance while it is under arrest. We ensure the vessel is kept in secure conditions, preventing any unauthorized access and managing the vessel’s day-to-day needs.
Vessel Maintenance and Security
As part of our Substitute Custodian services, we ensure that the vessel is well-maintained during the arrest period. This includes securing the vessel, performing routine maintenance checks, and ensuring that the vessel remains in operable condition if it needs to be moved or relocated for safety reasons. We also manage any repairs that may arise during this time.
Vessel Release or Security Bond
If the vessel’s owner can post a bond or other form of security, the vessel can be released from arrest. If the owner chooses to post a bond, the vessel will be returned to their control, and the litigation will proceed with the bond as collateral. Wilson Yacht Survey & Damage Claims will continue to manage the vessel until the bond is posted or the case is resolved.
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Why Choose Us for Vessel Arrest Services?
At Wilson Yacht Survey & Damage Claims, we bring over 25 years of maritime expertise and experience to the vessel arrest process. Here’s why we are the right choice for managing your vessel during an arrest:
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Experienced Surveyors & Captains: Our team is led by Mark P. Wilson, a USCG 100t Master Merchant Mariner, and SAMS AMS-certified surveyor, with over two decades of experience in vessel operations, maintenance, and surveys. Mark’s expertise extends to vessel arrests, damage claims, and accident investigations, ensuring your vessel is in good hands.
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Comprehensive Vessel Care: As Substitute Custodians, we take full responsibility for your vessel’s care. From conducting routine maintenance to managing security and ensuring the vessel remains seaworthy, we offer comprehensive services to keep your vessel in excellent condition during the legal process.
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Expert Documentation & Reporting: We provide thorough documentation of the vessel’s condition, maintenance, and any repairs made during the arrest period. This documentation is essential for legal proceedings, ensuring transparency and protecting the interests of all parties involved.
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Seamless Coordination with Legal Teams: We work closely with lawyers, U.S. Marshals, and other legal professionals to ensure that all steps of the vessel arrest process are handled efficiently and in compliance with maritime law. Our role as Substitute Custodians helps ensure that the vessel is secure and properly managed throughout the entire process.
How Vessel Arrest Works
Arrest of the Vessel
A U.S. Marshal takes possession of the vessel, posting a Notice of Arrest onboard and notifying the owner and other parties involved.
Initial Vessel Survey
We conduct a comprehensive survey to document the vessel’s condition and identify any urgent maintenance or repairs.
Substitute Custodian Appointment
We are appointed as the Substitute Custodian to manage the vessel’s care, security, and maintenance throughout the arrest process.
Ongoing Management & Care
We ensure that the vessel is well-maintained, secure, and ready for potential relocation or release from arrest.
Release or Bond Posting
If a bond is posted, the vessel is released to the owner, and we continue to support the vessel until the case is resolved.
Wilson Yacht
Survey & Damage Claims
Your trusted partner for handling vessel arrests and providing Substitute Custodian services. Whether you need expert support for a vessel arrest or assistance with damage claims, our team is here to ensure that the process runs smoothly and efficiently. With our experience in marine surveying, damage claims, and vessel management, we offer a complete suite of services to meet your maritime needs.
