We work primary in FL. My question is, can I add the collection cost, such as interest and lien fees to the lien amount when filing for a lien? I would like to know the answer both in FL.
Under Michigan mechanics lien law, the lien claim is governed by MCLA §570.1111. The amount claimed on a mechanics lien must be limited to the amount of the contract (including any extra work) minus the amounts already paid. Attorney's fees and court costs may be awarded in an enforcement action, but they are not allowed to be included in the claim amount.
A Florida mechanics lien is governed under Fla. Stat. §713.08. In Florida, the amount of the lien claim is limited to the amount unpaid to the lienor. No extraneous amounts can be included, and again, attorney's fees may be awarded in an enforcement action. However, there is one additional amount that may be included in a Florida lien claim. The statute specifically states that unpaid finance charges may be included. Be careful here, because these amounts are not the same as interest penalties. See: FL Mechanics Liens Can Include Finance Charges - But Not Late Fees
NOTE. The information presented here is for informational purposes only. It is not legal advice and should not be construed nor relied upon as such. Furthermore, this posting does not create an attorney-client relationship. If you need legal advice, seek the counsel of a licensed, local attorney.See More...See More...