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FloridaMechanics LienPayment Disputes

Hello, I have a couple of liens and I would like to offer my customers a 50% discount. I am already losing money and I dont want to hire a lawyer because I just want to recover the costs. Do you have a suggesting letter? could you please just guide me? The homeowners already paid in full to the contractor. The contractor failed to pay me and they closed their business. So, it is not in me to impose more burden on these homeowners and much less in this present circumstances. Thank you in advance for your kindness, Elsie

3 replies

Apr 30, 2020
Sending a Notice of Intent to Foreclose is a tool that can be useful to get paid on a lien claim after it's been filed, and it's one of a few strong steps that can be taken to force payment after a lien is filed. But that document does serve as a threat to file a lawsuit on the lien, so it's hardly an offering of peace. If you're looking to settle with the owner, then a simple written document should be perfectly sufficient. All that'd really need to be present is a simple but straightforward explanation of what's going on. Generally, something describing that $X is being paid in exchange for the release of the mechanics lien you've filed should be sufficient. As a sign of good faith, it might even be useful to go so far as to fill out a Florida mechanics lien release form in advance. Though, obviously, no release should be signed until payment is in hand. But, settling the agreement doesn't need to be a big, complicated thing. As long as the agreement is clear and succinct, it should work to get the job done. Unfortunately, Levelset doesn't have a form letter for settling a mechanics lien claim. And, I'm not able to help you draw up that documentation. But again - writing a clear, simple, and honest document should be sufficient - and that shouldn't be an uphill battle. Plus, there should be plenty of sample settlement letters available online.
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Apr 30, 2020
I would suggest that if you are anticipating getting some money out of this, why not apply some of that money toward hiring an attorney? If you already knew how to draw up an agreement like this, you would have done it. You are willing to settle for 50% of your lien value (you don't say how much that is) so you would pay some portion of that to an attorney to make sure this gets drafted correctly. For example, you do not want to leave yourself open to a later claim by the homeowner that your lien was fraudulent. Maybe people end up hiring an attorney after they tried a do-it-yourself approach first and it went badly. You might get this right on your own. But for peace of mind, I suggest you hire an attorney.
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Apr 30, 2020
Thank you I really appreciate your wisdom.
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