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HOW TO FILE A SUIT TO ENFORCE A LIEN

FloridaLien DeadlinesMechanics Lien

I HAVE RECIEVED A NOTICE OF CONTEST OF LIEN FROM THE CONTRACTOR WHO OWES ME MONEY AND NOW HAVE ONLY 60 DAYS TO FILE SUIT. THE LIEN WAS PREVIOUSLY TRANSFERED FROM THE PROPERTY TO SECURITY WITH SUMTER COUNTY COURT IN FLORIDA. I HAVE BEEN UNSUCCESSFUL AT FINDING AN ATTORNEY TO FILE THIS FOR ME AND AM NOT FAMILIAR WITH THE PROCESS OR HOW TO GO ABOUT DOING THIS. IS THERE SOMEONE WHO CAN FILE THE FORMS AND EXPLAIN THE PROCESS AS I HAVE A VERY SHORT TIME TO DO THIS NOW.

3 replies

Dec 27, 2022

If you are doing business in a corporate form (Inc., Co., Corp. or LLC) then you must have a lawyer represent the company in a lien foreclosure court case. It's too complicated for you to do it even if you were legally allowed. You should be able to find a lawyer in a nearby county such as Marion/Ocala or Citrus/Crystal River. Both have a lot of construction which means many court fights over money. You will no doubt have to pay an hourly fee, but under the lien law - which applies to a lien being removed to a cash deposit or bond - you have the right to recover legal expense. If necessary, by law your attorney may ask the court to increase the bond/deposit to cover expected attorney fees and costs greater than the amount deposited according to the statutory formula. If you don't file suit within the 60 day period as stated on the notice of contest of lien then the lien expires and can never be revived.  

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Dec 27, 2022

THE TOTAL AMOUNT THAT THE COURT IS HOLDING IS $2331.20 NO ONE THAT I HAVE CONTACTED HAS BEEN INTERESTED IN TAKING A CASE FOR SUCH A SMALL AMOUNT AND I AM GUESSING THAT THEIR FEES WOULD DWARF THIS AMOUNT TO THE POINT THAT THEY FEEL THEY COULD NOT ASK THE COURT TO BE REEMBURSED. I AM A SMALL BUISINESS SINGLE MEMBER LLC AND DO MULTIPLE SMALL JOBS FOR DIFFERENT CONTRACTORS AND HOME OWNERS. ARE THERE NO ATTORNEYS THAT REPRESENT TRULY SMALL BUSINESSES OR THAT WOULD AT LEAST FILE THE NECESSARY PAPERWORK FOR A REASONABLE FEE? I WOULD RATHER PAY THE ENTIRE AMOUNT TO AN ATTORNEY THAN TO LET THESE SLEEZEBAG CONTRACTORS GET AWAY WITH THIS. I WAS TOLD THAT I WOULD BE REEMBURSED FOR OUT OF TOWN TRAVEL AND THEN TOLD AFTER THE JOBS WERE COMPLETED THAT THEIR POLICY WAS TO ONLY PAY FOR THE FIRST TRIP WHICH THEY DID NOT EVEN ADEQUATELY COVER THAT. I WAS NEVER TOLD OF SUCH A POLICY AND WOULD NOT AGREE TO WORK OUT OF TOWN WITHOUT COMPENSATION AS THEIR WOULD NOT BE ANY PROFIT IN DOING SO. I HAVE RECIEPTS FOR MY EXPENSES AND ALL OF THIS CAME OUT OF MY POCKET.

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Dec 28, 2022

OK. Unless you have an agreement that you would be paid some location other than your home base, you can file a small claims lawsuit in you home county. The court clerk will assist you in filing out the documents.

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