Guide to filing a mechanics lien in Polk County

If you’re filing a mechanics lien with the Polk County Clerk, you need to consider Florida’s lien laws. Generally, most parties on a contract have good protection in Florida. However, there are a few unique limitations built into Florida law that affect your right to lien. Here are a few of the most important:

1. Before filing a mechanics lien, you must submit a notice to owner. The deadline for submitting a Florida NTO is 45 days after work, services, or materials are first provided for a project.

2. The deadline to file a mechanics lien in Florida falls within a 90 days window. This 90 day window is determined by the last day work was performed, not the official end of the project.

3. Some parties that may be on a project don’t have lien rights in Florida. Sub-sub-subcontractors, suppliers to suppliers, suppliers to sub-sub-subcontractors, maintenance workers, and unlicensed contractors can’t file a mechanics lien.

4. Exaggerating the lien amount is a felony in Florida.

For a detailed description of these lien laws, refer to our Florida Lien Laws FAQ page.

After looking at Florida’s lien laws, you need to consider the recording policies of the county in which you’re going to file. This page provides you with information about the Polk County Clerk’s Office. It includes Polk County’s recording requirements, formatting standards, fees, office addresses, hours, and contact information. You can also find links to Polk County’s online resources where you can search for property descriptions or obtain a recorded copy of your mechanics lien.

Visit our step-by-step guide to filing a mechanics lien in Florida for a complete breakdown of the Florida mechanics lien process.

Where is the Polk County Clerk of Court that files mechanics liens?

There are 3 offices under the Polk County Clerk’s Office. They are:

The Bartow Main Office
255 N. Broadway Ave.
Bartow, FL 33830
Phone: 863-534-4000

The Lakeland Office
930 E. Parker St.
Room 240, Polk County Government Center
Lakeland, FL 33801
Phone: 863-534-4000

The Northeast Office
3425 Lake Alfred Rd.
NE Polk County
Government Center
Winter Haven, FL 33881
Phone: 863-534-4000

The Polk County Clerk’s mailing address is:

Polk County Clerk of Courts
P.O. Box 9000
Bartow, Florida 33831
Official records/Tax deeds: CC-8

What is Polk County's Recording Backlog?

The Polk County Clerk of Court doesn’t publicly disclose information regarding recording backlogs.

Should I file my mechanics lien in Polk County?

If the project is located in Polk county, then yes, you will want to record your lien with the Polk County, Florida Clerk’s Office.

What are Polk County's requirements for recording a mechanics lien?

The Polk County Clerk of Court’s Office recording requirements are:

1. All mechanics liens and other documents submitted for recording must be appropriately dated.

2. Mechanics liens must have a 3×3 inch square in the top right-hand corner on the first page. On each subsequent page, there must be a 1×3 inch square in the top right-hand corner.

3. Include your name and address, along with the name and address of the property owner, your attorney (if applicable), and the hiring party.

4. Include a statement of the materials and labor furnished for the project.

5. Use the statement of materials and labor to calculate the lien amount and include it on the document.

6. Under Florida law, the claimant must issue a Notice of Intent to the owner before filing a mechanics lien. Include a copy of the notice(s).

7. Include the legal description of the property. This can be found in person at the Polk County Clerk of Court’s Office or online by searching Polk County’s Official Records at this link: http://www.polkcountyclerk.net/official-records-online/

8. In Florida, claimants are required to include the Statutory Warning, which is as follows:

“THIS LEGAL DOCUMENT REFLECTS THAT A CONSTRUCTION LIEN HAS BEEN PLACED ON THE REAL PROPERTY LISTED HEREIN. UNLESS THE OWNER OF SUCH PROPERTY TAKES ACTION TO SHORTEN THE TIME PERIOD, THIS LIEN MAY REMAIN VALID FOR ONE YEAR FROM THE DATE OF RECORDING, AND SHALL EXPIRE AND BECOME NULL AND VOID THEREAFTER UNLESS LEGAL PROCEEDINGS HAVE BEEN COMMENCED TO FORECLOSE OR TO DISCHARGE THIS LIEN.”

9. Finally, include the notarization and appropriate signatures.

What are the margin & page size requirements to file a lien in Polk County?

Mechanics liens filed in Polk County must follow these page size and margin requirements:

-Mechanics liens must be printed on paper no larger than 8.5 x 14.

-Mechanics liens must include a 3×3 inch square in the top right-hand corner of the first page.

-Each subsequent page must include a 1×3 inch square in the top right-hand corner. Include a 1 inch margin on the sides and bottom of each page.

-Type should be no smaller than 9 point, and ink must be black.

How can I make payment to the Polk County Clerk?

The Polk County Clerk of Courts accepts the following forms of payment:

Cash, check, and all major debit/credit cards.

What are the filing fees to record a mechanics lien in Polk County?

The Polk County Clerk of Courts fee schedule for mechanics liens and copies is as follows:

Recording

$10 for the first page
$8.50 for each following page

Copies

$1 for copies smaller than 8.5 x 14
$5 for copies larger than 8.5 x 14
$2 for certified copies

How do I get a recorded copy of my lien from the Polk County Clerk's Office?

You can obtain a recorded copy of your line by visiting the Polk County Clerk of Courts in person at:

The Bartow Main Office
255 N. Broadway Ave.
Bartow, FL 33830
Phone: 863-534-4000

You can also send a request for a recorded copy by mail to the following address:

Polk County Clerk of Courts
P.O. Box 9000
Bartow, Florida 33831
Official records/Tax deeds: CC-8

Do I have the right to file a mechanics lien in Polk, Florida ?

Generally, each state grants lien rights to any contractor who furnished labor and/or materials for a project that have not been paid after its completion. Considering this, there are a few specific rules and regulations that determine who has the right to file and who doesn’t.

You can find a detailed description that applies to all Florida counties on the following page for Florida Mechanics Lien Resources.

What is the deadline to file a mechanics lien in Polk County?

The deadline to file a mechanics lien in Polk County, Florida, depends on when the work was completed. After the project is completed and the work of improvement is done, direct contractors have 90 days to record a mechanics lien. Additionally, direct contractors have 60 days to record after the owner records the Notice of Completion or Cessation.

Non-direct contractors must follow the same 90 day rule, however, they only have 30 days to record after the owner records the Notice of Completion or Cessation.

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