Enforcement of lien

Your question cannot adequately be answered in this forum. A lawsuit to foreclose the lien is the ultimate enforcement mechanism. A lawyer needs to know if your contract was directly with the owner or were you a subcontractor or vendor. If with the owner have you delivered the required final payment affidavit? If your contract was not with the owner did you timely deliver a "notice to owner?" The cost can depend on how much you are owed. County court jurisdiction is now up to $50,000 principal owed. Those cases tend to be resolved much quicker than in circuit court. The prevailing party on the significant issues in the case will recover attorney fees and court related costs. All of these things must be discussed with a lawyer.

Thank you The contract was directly with the owner. I gave him an intent to lien and then filed a lien. The lien took affect last month. The amount is 4100.00 and in my contract I also have statements that the owner is responsible for any legal fees assocoated with the collaction of lien. I still have not received payment so I am looking to take the next steps and wondering where I go from here and the cost? Also can I include legal fees on top of the 4100 lien? 

Thank you The contract was directly with the owner. I gave him an intent to lien and then filed a lien. The lien took affect last month. The amount is 4100.00 and in my contract I also have statements that the owner is responsible for any legal fees assocoated with the collaction of lien. I still have not received payment so I am looking to take the next steps and wondering where I go from here and the cost? Also can I include legal fees on top of the 4100 lien? 

OK. You have to deliver to the owner a "contractor's final payment affidavit" before a lawsuit to foreclose the lien can be filed. The form for this can be found in Florida Statute 713.06. You cannot add an amount of legal expense to the lien, but the law provides that payment of lawyer fees and costs is secured by the lien. That amount is typically determined by the judge after a lawsuit is concluded. I strongly recommend that you confer with a lawyer with experience in construction lien foreclosure cases. Only the lawyer who takes the responsibility for the case can adequately advise you on the expense of litigating the matter.

I have already sent him an intent to lien and then filed the lien through Levelset. But he has not paid or responded. Why would I have to send another letter of intent when the liens already filed? I didn't get a construction lien it is a mechanic lien. can we work on foreclo of the mechanics lien? 

There is no legal requirement to send a "notice of intent to lien" in the first place and I am not suggesting that you send another. The law requires the delivery of the contractor's final payment affidavit before suit to foreclose the lien can be filed. Chapter 713 of Florida Statutes is divided into three parts. Part 1 relates exclusively to construction liens. The terms "mechanic's lien" and "construction lien" are the same in this context. Construction liens are liens arising from building construction and they are so labled by statute. There are other types of mechanic's liens.