Home>Levelset Community>Legal Help>I did some remodeling and built a 16'×16' addition on a camper. I furnished all materials including flooring furniture everything well over $8,000 worth ive yet to be paid the remaining 3,500 its been 3 months ive tried to collect
I did some remodeling and built a 16'×16' addition on a camper. I furnished all materials including flooring furniture everything well over $8,000 worth ive yet to be paid the remaining 3,500 its been 3 months ive tried to collect
I need my money and these assholes ain't paying me
1 reply
Nov 21, 2018
I'm sorry to hear you've gone unpaid - I know that must be frustrating. First, it's worth discussing when a mechanics lien is most appropriate. Mechanics liens secure the right to payment when construction work is performed (and unpaid) to improve "real property" - meaning, the improvement must typically be permanently attached to the underlying real estate in order for lien rights to arise. Whenever a movable property is improved which merely sits on real estate (but could be removed relatively quickly and easily, without much impact on the underlying land), lien rights are typically unavailable. Of course, if the improvement is permanently attached to the underlying real estate, lien rights could be present. Further, Florida mechanics lien claims have a strict deadline. A Florida lien must be filed within 90 days of the date when labor and/or materials were last furnished to the project. If that deadline is missed, a valid mechanics lien may not be filed. For more information about Florida's mechanics lien requirements, this should be a helpful tool: zlien Florida Lien and Notice FAQ. Note, of course, that even where mechanics lien rights might not be the most appropriate tool for recovery, there are a number of other potential options that could help recover payment. For one, parties can send a Notice of Intent to Lien, regardless of whether a mechanics lien will later be filed, and regardless of whether such a lien would ultimately be valid. A Notice of Intent to Lien acts as a warning - it states that if payment isn't made and made soon, a mechanics lien will be filed on the property. Considering the drastic nature of lien claims, often, the party who receives a Notice of Intent to Lien will be more willing to come to the bargaining table and talk payment. Another option may be to send a demand letter threatening specific legal action if payment isn't made. Threatening to file suit for breach of contract, unjust enrichment, or some other legal claim can help to compel payment, and sending a demand letter via an attorney can be really effective (though it's certainly possible to make such a demand without the help of an attorney). Finally, it's worth noting that small claims court could be an option - and filing a claim in small claims court is much cheaper and takes much less time than traditional litigation. In Florida, an unpaid party can file a claim in small claims court as long as the claim is $5,000 or less, and the cost of filing a claim in small claims court will typically be minimal. For more information on Florida small claims court, this guide may be helpful: Florida Small Claims Court Process.