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How do i serve a 20 day contest of lien

I had a frivilous lien put on my property by a flat fee listing company i signed a contract for a year but they held me hostage and where charging me for services i never asked for now the contract is expired and the lien was for 10,300 and they said was bill was 1076 .00 and that was overcharged since i signed up for 9.99 a month .i have my property on the market with a real realtor and i need that lien removed asap .i want to file a 20 day summons to show in florida its a 3rd degree felony to charge 10,300 a invisible service i never got. What should i do ..dont want a attorney

2 replies

Aug 3, 2020

You are correct - intentionally overstating a lien claim or otherwise filing a frivolous mechanics lien claim in FL can result in a 3rd degree felony. When such a lien has been filed, a common response is to shorten the lien timeframe either by filing a Notice of Contest of Lien or by filing a complaint and serving a summons on the claimant.

Shortening the lien timeframe in Florida

Filing a Notice of Contest is pretty simple. All that's needed is to file the document with the county recorder's office. After that filing, the clerk will send notice to the lien claimant. If the claimant doesn't file an enforcement suit within 60 days of that notice, then their claim will expire. Filing a complaint and shortening the lien timeframe to 20 days is a bit more involved. That requires a complaint (i.e. a lawsuit) challenging the validity of the claim. If that's filed and the claimant is served a summons, and if they fail to respond within 20 days, the lien will expire. Because this requires a legal filing, it's generally wise to get an attorney involved. And, if the lien is successfully challenged, you should be able to recover attorney fees from the claimant under Fla. Stat. § 713.29. Finally, keep in mind that simply threatening to take legal action may be enough to convince a lien claimant to remove their lien on their own. If you can show them why their lien is bogus, and if you can show them that they'll be facing a 3rd degree felony, damages, and attorney fees, then you may be able to push them to release their own lien claim without the need for further action.

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Aug 3, 2020

Thank you for the info the flat fee listing companys owner is a attorney and his wife is the realtor .they wont feel threatened because hes a arrogant jerk i actually printed out the contest of lien paperwork because courts are closed in florida thats why i waited but my house is on the market do i need to get this done asap

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