Maritime Law
Maritime Liens in Florida: How Marinas, Repair Shops, and Suppliers Can Force Payment on an Unpaid Vessel Bill
Maritime Liens in Florida: How Marinas, Repair Shops, and Suppliers Can Force Payment on an Unpaid Vessel Bill
You did the work. You hauled the boat, made the repairs, pumped the fuel, stored the vessel through hurricane season, or supplied the parts. The boat owner took the vessel and has not paid. Now what?
Here is what most Florida marinas, boatyards, and marine suppliers do not know: a federal maritime lien may have already attached to that vessel the moment you provided services. No filing required. No recording with any state agency. The lien exists by operation of law and it follows the boat regardless of who owns it.
Understanding how to enforce that lien, and how quickly you need to act before your rights are extinguished, is the difference between collecting what you are owed and watching a debtor sail away.
What Is a Maritime Lien and Why Is It Different from a Florida Mechanic's Lien?
A maritime lien is a federal law claim against the vessel itself, not against the vessel's owner personally. This distinction matters enormously. If the boat owner disappears, moves out of state, files for bankruptcy, or sells the vessel, your claim runs with the boat. The lien follows the vessel through changes of ownership and can be enforced against a subsequent purchaser who takes title subject to it.
Florida's state mechanic's lien law, by contrast, is a state law claim against the property owner. It requires filing within strict deadlines, provides limited priority over other creditors, and does not travel with the vessel the same way a maritime lien does. In most circumstances involving vessels of any significant size, federal maritime law preempts Florida's state lien law, and the maritime lien is the more powerful and appropriate remedy.
The other critical difference is that a maritime lien requires no filing or recording to attach. Under federal admiralty law, the lien arises automatically when you provide what the law calls necessaries to a vessel. You do not need to serve the owner with a notice of lien, file with the Florida DHSMV, or record anything with the Coast Guard for the lien to exist and be enforceable.
Pro tip: The automatic attachment feature of maritime liens is also the reason that buyers of used vessels in Florida should always work with a maritime attorney to conduct a lien search before closing. Silent liens can attach without the buyer ever knowing, and under federal law, a good-faith purchaser is not always protected against a properly enforced maritime lien if the lienor moves quickly.
Who Can Assert a Maritime Lien in Florida
Under the Federal Maritime Lien Act (46 U.S.C. Chapter 313), any person who provides necessaries to a vessel on the order of the owner or a person authorized by the owner has a maritime lien on that vessel. Necessaries include a broad range of goods and services:
- Repair services and labor
- Parts, materials, and equipment installed on or used on the vessel
- Fuel and lubricants
- Dockage and berthing fees
- Storage, including haul-out and dry storage
- Towage and salvage services
- Provisions and stores supplied to commercial vessels
- Crew wages (a preferred maritime lien with elevated priority)
If your business falls into any of these categories and you have an unpaid invoice for services rendered to a specific vessel, there is a strong likelihood that a maritime lien already exists in your favor.
One important clarification: the services must have been ordered by the vessel owner or by a person with authority to bind the vessel, such as a captain, manager, or charterer acting within their authority. Services provided to a vessel at the direction of someone with no relationship to the vessel's ownership or operation may not give rise to a maritime lien.
The Two Ways to Enforce a Maritime Lien in Florida
Once a maritime lien has attached, there are two enforcement paths. They are not equal.
Filing with the U.S. Coast Guard National Vessel Documentation Center
For vessels that are federally documented (as opposed to state-titled), a lienor can record the claim with the USCG National Vessel Documentation Center. This gives constructive notice of the lien to subsequent purchasers and can affect title searches. However, recording with the Coast Guard does not enforce the lien on its own. It is a protective step that establishes priority, not a collection mechanism.
Vessel Arrest in Federal Court
The more powerful enforcement tool is vessel arrest under Supplemental Rule C of the Federal Rules of Civil Procedure. This is an in rem proceeding brought directly against the vessel itself in federal court. Here is how it works in practice:
Your attorney files a verified complaint in the U.S. District Court for the Southern District of Florida along with a request for a warrant of arrest. The complaint must be verified under penalty of perjury and must include a memorandum of law establishing the basis for the lien and the right to arrest. A federal judge reviews the complaint and, if satisfied, issues the warrant.
The U.S. Marshals Service then takes physical possession of the vessel. The boat cannot move. It cannot be used. The owner cannot take it out of the jurisdiction. At that point, the vessel owner has limited options: post security with the court's registry in the amount of the claimed debt to obtain release of the vessel, negotiate a settlement with you, or have the vessel sold at a federal court auction to satisfy the lien.
Vessel arrest is the single most powerful collection tool available under maritime law. For boat owners and operators who depend on their vessel for business or recreation, an arrest creates immediate, urgent pressure to resolve the debt. It is not a measure to take lightly, but in cases where a boat owner is evading payment or threatening to sell the vessel, it can be essential.
Pro tip: Vessel arrest is governed by strict procedural rules. The verified complaint must satisfy specific requirements under Supplemental Rule C, and procedural errors can result in the arrest being challenged. This is not a process to attempt without an attorney who regularly handles admiralty proceedings in federal court.
A vessel arrest can stop a non-paying boat owner in their tracks. Ludwin Law Group has more than a decade of maritime litigation experience in South Florida's federal courts. If the vessel is still in the water, the time to act is now.
The Critical Timing Issue: Why You Cannot Wait
Maritime liens are powerful, but they are not unlimited. There are two timing risks that Florida marinas and repair businesses need to understand immediately.
The Good-Faith Purchaser Risk
A sale to a buyer who purchases a vessel for value, in good faith, and without actual notice of a lien can extinguish or significantly complicate enforcement of a maritime lien. While maritime law provides lienors with protections that state mechanic's liens do not, an owner who sells a vessel quickly and a buyer who takes title without knowledge of the unpaid claim can create enforcement problems. The moment you believe a vessel owner is contemplating a sale, you need to move to protect your lien immediately.
The Limitation Period for Maritime Lien Enforcement
Unlike some areas of law, there is no single federal statute that sets a specific limitation period for maritime lien enforcement on necessaries claims. Instead, federal admiralty courts apply the doctrine of laches: a lienor who delays unreasonably in asserting a lien, to the prejudice of the vessel owner or other parties, may forfeit the right to enforce it. Courts in different jurisdictions have applied varying time periods, and the specific facts of your situation, including whether the owner had notice of the claim and whether the delay caused prejudice, affect the analysis.
As a practical matter, acting promptly is essential. The longer you wait, the stronger a laches defense becomes. If you are approaching twelve months from the date payment was due, you should consult a maritime attorney immediately to evaluate your enforcement options before any risk of prejudice to your claim.
For Florida state law collection actions pursued alongside or separately from a federal maritime lien claim, the contract statute of limitations is five years for written contracts and four years for oral contracts under Florida Statute 95.11.
Waiting to see if a boat owner will eventually pay is one of the most common and costly mistakes marina owners make. If your unpaid invoice is months old, your enforcement window may be narrowing. Call Ludwin Law Group today before that window closes.
What About Boat Owners Who Paid for Bad Repairs?
The maritime lien framework is not only relevant to businesses owed money. If you are a boat owner who paid a marina or boatyard for repairs that were performed badly, or paid for services that were never delivered, you may have a claim against that yard for maritime negligence or breach of contract. If the bad workmanship caused further damage to your vessel or created a safety issue, the damages can be significant.
Separately, if your new boat has a manufacturer defect or a warranty that has been denied, there are federal remedies specifically for boat owners who find themselves in that position. Those claims are covered in detail in our post on Florida boat manufacturer defects and what actually protects you when the state lemon law does not apply.
Why Maritime Liens Require a Maritime Attorney, Not a Collection Agency
Collection agencies cannot arrest vessels. They cannot file verified complaints in federal admiralty court or navigate the Supplemental Rules for Admiralty Claims. A general business attorney in Florida may have experience with state mechanic's liens but may have no familiarity with federal maritime lien law, the priority rules that govern competing liens on a vessel, or the procedural requirements for a Rule C arrest action.
Maritime liens also involve priority rules that affect how multiple creditors are paid when a vessel is sold. Preferred maritime liens, including crew wages and salvage, take priority over other maritime liens, which in turn generally take priority over state law claims. Understanding where your lien falls in that hierarchy can affect your strategy significantly.
Most general civil litigation attorneys in Florida have never handled a federal admiralty matter. That is not a criticism; it is simply the reality of a legal specialty that exists in its own procedural world. When a marina owner calls a general litigation firm with an unpaid vessel bill, there is a real risk of being steered toward a state court remedy that is slower, weaker, and less likely to result in payment. At Ludwin Law Group, maritime lien enforcement is not a side practice. It is something Adam has done for more than a decade, and it is what we are here to do for you.
Not every attorney understands maritime law. Most have never filed a vessel arrest action. Ludwin Law Group has. If you are a marina, boatyard, or marine supplier with an unpaid bill, this is exactly why you call us.
If you are owed money for services provided to a vessel and you are not being paid, time is working against you. Call (561) 455-4455 or contact us online for a free, confidential consultation. We will assess whether a maritime lien has attached, what your enforcement options are, and how quickly you need to act to protect them.
A federal maritime lien may already exist in your favor. Find out where you stand before time works against you.
Frequently Asked Questions About Maritime Liens in Florida
Yes. Under the Federal Maritime Lien Act, a maritime lien attaches automatically by operation of law when necessaries are provided to a vessel on the order of the owner or an authorized person. No filing, recording, or notice to the vessel owner is required for the lien to exist. The lien attaches at the time services are rendered or supplies are delivered.
Any business that provides necessaries to a vessel can hold a maritime lien. This includes marinas providing dockage and storage, boat repair shops providing labor and parts, fuel suppliers, towage companies, salvage operators, and suppliers of provisions and equipment to commercial vessels. Crew members also hold preferred maritime liens for unpaid wages, which carry elevated priority over other lien types.
A maritime lien is a federal claim against the vessel itself, requires no filing to attach, follows the vessel through changes of ownership, and is enforced in federal court through a vessel arrest proceeding. A Florida state mechanic's lien is a state law claim that requires filing within strict deadlines, does not travel with the vessel in the same way, and is subject to different priority rules. In most circumstances involving vessels of significant size, federal maritime law governs and the maritime lien is the stronger remedy.
Vessel arrest is an in rem proceeding under Supplemental Rule C of the Federal Rules of Civil Procedure in which a federal court issues a warrant directing the U.S. Marshals Service to take physical custody of a vessel. Once arrested, the vessel cannot move or be used. The owner must post security with the court or negotiate a settlement to recover the vessel, or face a court-ordered sale. Vessel arrest is pursued in the U.S. District Court for the Southern District of Florida for vessels in Palm Beach, Broward, and Miami-Dade Counties.
There is no single federal statute that sets a specific limitation period for maritime lien enforcement on necessaries claims. Federal admiralty courts apply the doctrine of laches: a lienor who delays unreasonably to the prejudice of the vessel owner or other parties may lose the right to enforce the lien. Courts in different jurisdictions have applied various time periods depending on the facts. As a practical matter, the longer you wait, the stronger a laches defense becomes for the vessel owner. If the debt has been outstanding for several months and payment is not forthcoming, consult a maritime attorney immediately rather than assuming any specific deadline applies.
Under federal maritime law, a maritime lien generally survives a sale and follows the vessel to a new owner. However, a bona fide purchaser who takes title for value, in good faith, and without actual notice of the lien may have defenses in some circumstances. If you believe a vessel owner is about to sell the boat without satisfying your debt, contact a maritime attorney immediately. A vessel arrest can prevent the sale from occurring and protect your lien priority.