Tournament winnings disputed within the parties on the boat

[Scalloper 1]

Has there been a court case in the past where one crew member aboard of a boat entered a fish that won a tournament but declined to split the winnings in any way? For instance, lets say there were 4 people fishing a tournament on Lake O that required all on board to have a ticket for the others be legally allowed to fish the derby. A rod goes off, one of the non owners of the boat fights the fish, the boat owner/captain nets the fish. The fish is then rightfully entered by the angler. Later, the angler decides to keep all of the winnings for himself alone.

Has a case like this gone to court?

[chinook35]

I don’t see any legal recourse if there is no written agreement between the people involved. The guy that entered the fish , sans said written agreement , gets the cash 

[AnglingAddict]

Everyone on the boat should be in agreement as to how things are split before you even put a line in the water....

 

On our boat it's pretty simple - generally speaking we deduct expenses, cost of entry, etc.  Once those things are covered then we go about the split.   On our boat we then split equally amongst participants and the boat takes a share to cover other wear and tear items or things like lost gear, kinked wire, etc.  My 13 year old in integral to our team and he gets a full share....he earns it.  One of the bigger expense items can be fuel - I know this year in one tournament we pre-fished one day with tourney the next and we ran 52 gallons through the day we pre-fished and another 73 gallons on game day.  Make sure if that could come into play that you are transparent there. 

 

If a W2 is involved the person who ends up paying the taxes on the entire amount has 30% of the winnings up front to go to cover the tax liability.  Anything under a few hundred bucks we typically don't bother with....

 

As far as a court case it would probably cost more to take it to court than you would ever get back....better to just walk away.

 

 

[chinook35]

It can be a real can of worms 🪱. I fished with a guy in the LOC years ago  there were 2 of his family members ,him and myself in the derby. A couple of days the four of us fished and a few it was only he and I. We had a board fish that was caught with just the two of us fishing that day. His idea of fair was he and his two family members got 25% each ( 3/4 of the purse ). Wait , what ??  They weren’t fishing that day    I said nfw. Haven’t fished with him since.  I voted for a 50/50 split and that’s the way it was   If you’re not on board when the winning fish is caught  you lose  I will only fish derby now with written agreements 

[whaler1]

Just have to discuss it before you go out. On my boat it’s evenly divided by the people on the boat. In the event the winnings exceed the no tax threshold the angler of record gets his share as well as what he will pay additionally in tax, approximately 18% depending on his income. 

[Bustersit]

We split a  six pack in the garage. We never win. Makes it much easier. 

 

[Scalloper 1]

2 hours ago, AnglingAddict said:

Everyone on the boat should be in agreement as to how things are split before you even put a line in the water....

 

On our boat it's pretty simple - generally speaking we deduct expenses, cost of entry, etc.  Once those things are covered then we go about the split.   On our boat we then split equally amongst participants and the boat takes a share to cover other wear and tear items or things like lost gear, kinked wire, etc.  My 13 year old in integral to our team and he gets a full share....he earns it.  One of the bigger expense items can be fuel - I know this year in one tournament we pre-fished one day with tourney the next and we ran 52 gallons through the day we pre-fished and another 73 gallons on game day.  Make sure if that could come into play that you are transparent there. 

 

If a W2 is involved the person who ends up paying the taxes on the entire amount has 30% of the winnings up front to go to cover the tax liability.  Anything under a few hundred bucks we typically don't bother with....

 

As far as a court case it would probably cost more to take it to court than you would ever get back....better to just walk away.

 

 

If its not in writing your agreement is worthless

[Scalloper 1]

35 minutes ago, whaler1 said:

Just have to discuss it before you go out. On my boat it’s evenly divided by the people on the boat. In the event the winnings exceed the no tax threshold the angler of record gets his share as well as what he will pay additionally in tax, approximately 18% depending on his income. 

If its not in writing your discussion is worthless

[Dirtyhooker]

Been there it was split 3 ways between the 3 of us on the boat If it did not happen that way that is a broken friendship and individual would be out of my life and those I fish with

[AnglingAddict]

2 hours ago, Scalloper 1 said:

If its not in writing your discussion is worthless

Except its generally my wife and kid and maybe a buddy - so probably doesn't need to be in writing in our situation....BUT for people who aren't related or the best of friends yes...absolutely.  That being said my kid has tried some creative math at times

[Gill-T]

My suggestion is you need to find better friends. 

[Fat Trout]

3 hours ago, Gill-T said:

My suggestion is you need to find better friends. 

very true but at a minimum if its not sorted before the catch or not trustworthy with friends it better damn well be discussed on the way to the weigh station.   Catch doesn't mean **** without an agreeable witness.

[thumbburn]

What gill said……. Those types would not even be on my boat…. Period

[cannon]

I agree with Gill T..you need better friends.

We all need to remember,  this is supposed  to be fun. On my boat, the agreement was an equal split with all and  the boat being counted as a person as well.    Very fair. 

[HB2]

A good ass kicking could sure solve a lot of problems 

[Scalloper 1]

17 hours ago, Gill-T said:

My suggestion is you need to find better friends. 

Your right. 

[Scalloper 1]

1 hour ago, cannon said:

I agree with Gill T..you need better friends.

We all need to remember,  this is supposed  to be fun. On my boat, the agreement was an equal split with all and  the boat being counted as a person as well.    Very fair. 

It is supposed to be a time for celebration as it was quite an accomplishment. But, when your a dirtbag looking to profit at any cost this is what happens.

[Scalloper 1]

6 hours ago, thumbburn said:

What gill said……. Those types would not even be on my boat…. Period

Sometimes we dont really know who we are in company with. Like the buddy you have known for years that runs off with your wife. Things happen.

[Scalloper 1]

So, back to the question. Are any of you aware of a situation like this going to litigation? Its sad that it needs to go this way but I was clear when I told the guy I was not going to just give him $37,000 without a fight.

[lost a lure]

Call your lawyer. I'll bet they are aware

[Frogger]

Tough stuff right there. 37k for just you plus the other two that didn’t collect? Total 200k purse for 4?  Or 37k split between the 4 of you? 9k a piece?

 

if it’s 37k for just you I’d probably would be seeking legal help if you felt that your verbal agreement was sufficient between the 4 of you. If it’s 9k for the split and you can get the other 2 guys to go in with the you on the legal fees it might make sense again to seek help. 
 If you are on your own and your 9k winnings is what we’re talking you might have that in legal fees so it would be a wash and would probably not touch it. You can always spend a couple of hundred for a review of your case to get a good idea of what the next step should be. 
The Key here is the verbal agreement. You can win in court on verbals, although tougher than having written obviously but it can be done. It’s up to a judge and sometimes a jury to decide who’s the thief. Things like past precedents in tournaments with this same guy?  Actual spilt payouts that you can recall help as well. Yep. Not a guy to have in the boat. Sorry to hear. I’m sure it sucks. 
Keep us posted if you pursue. Would love to hear you got your money……

[Scalloper 1]

$37,000 total kept by the so called angler not a dime to the other three on board.

[Fat Trout]

6 hours ago, Scalloper 1 said:

$37,000 total kept by the so called angler not a dime to the other three on board.

terrible scenario.  you don't need to name names but it wouldn't be inappropriate to name the derby / contest this happened in.  Im sure said derby is aware of it, they don't want issues anymore than the rest of us.  They want to promote the inclusivity of having he whole boat be registered....they have a vested interest in reasonable consideration.  Speaking in reality of concern helps all parties (us / them) to consider how best to run these things.  

[chinook35]

It has nothing to do with the derby or the officials that run the derby. They require everyone on the boat be registered in said derby to eliminate the guys who would enter one name and fish with 2or3 hitchhikers. The split is between the fisher people on the boat. A written agreement is the only safe bet. There are times I fish with someone I barely know. Why take a chance ?

[Scalloper 1]

On 8/26/2023 at 5:15 PM, chinook35 said:

It has nothing to do with the derby or the officials that run the derby. They require everyone on the boat be registered in said derby to eliminate the guys who would enter one name and fish with 2or3 hitchhikers. The split is between the fisher people on the boat. A written agreement is the only safe bet. There are times I fish with someone I barely know. Why take a chance ?

I agree, the requirement for all on board to be entered reduces the "free loaders" fishing and having one person enter the fish. This tournament like many requires you to have a witness verify they saw the fish being legally caught, which would make it impossible to fish alone.

I think most of us would not think it would be necessary to have a written agreement with a fishing partner you have fished with for 18-20 years. But here we are.