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Commitment to pay.

FloridaCollectionsLien DeadlinesRecovery Options

I am looking for some help/advice. We currently have a client that has ordered custom shutters from us and then began avoiding our calls when we tried to schedule the installation of the shutters. We found out that the client is in a financial bind and is trying to sell the home and no longer "needs" the shutters that they ordered. These are custom and we have a no refund policy on custom products so we sent them a notice of intent to lien (through LEvelset). They reached out after this and offered a commitment to pay after closing, but I am extremely concerned that I will lose all leverage if I do not put a lien on the home. On the other hand, I am sympathetic to their financial situation and wanted to see if there was any other legal avenue that I could use to ensure that I get paid, without putting the sale of their home in jeopardy. I'd really appreciate some advice on this matter. Thanks so much. Kevin Scott

1 reply

Aug 30, 2019
When unpaid for work performed, the most powerful tool available will generally be a mechanics lien. But, as you mentioned above, a lien filing can be quite painful for a property owner and it might even prevent the sale of their property. Generally, when trying to secure payment by cooperating with a non-paying customer, entering into an official, written agreement to pay of the debt that's owed might be a good first step. This is particularly true if a claimant can get their customer to put some collateral or even a confession of judgment in the agreement to pay off the debt. For more detail on some of the options for cooperating rather than filing a mechanics lien, Levelset has a great resource: Don’t Want to File a Mechanics Lien? Here Are 5 Other Options That article discusses the potential for using promissory notes, settlement agreements, personal guarantees, and more. But recall that mechanics liens do have very strict deadlines. So, if the lien deadline is rapidly approaching and some extra-agreement to make payment (like the ones described in that article) isn't in place, then filing a mechanics lien might be the best option for moving forward. Once that deadline passes, the ability to file a lien will be gone and some other recovery method - like litigation - might be necessary. For more background on Florida's lien deadlines: Florida Mechanics Lien Guide and FAQs
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