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Mechanics Lein Rights

I just repaired someone’s gas furnace by replacing the igniter switch. I had already had text between me and the customer, plus I was given the lead through home advisor. The repair was done on the 5th of February and I sent a QuickBooks invoice to customer. He had 30 days to pay but is there anything I need to do before the 30 days are up to insure payment? Once the 30 days are up, what are my next steps? The job was priced at $200, is it even worth it for me to try to file a mechanics lein? Any help would be greatly appreciated.

1 reply

Feb 10, 2020

First, it's worth addressing the elephant in the room: Is it worthwhile to pursue a lien claim for an amount as little as a few hundred dollars? Obviously, it's up to each individual claimant to make that decision for themselves. But, mechanics liens have associated fees with filing them - so, for smaller lien amounts, it might not always be worth it to actually pursue a lien claim. Though, filing fees in Florida counties can be particularly low - so, in some cases, it might be worthwhile.

Recovery options before filing a mechanics lien

It's also worth mentioning that it's not always necessary to jump straight to a mechanics lien filing. Sometimes, a gentler approach will be more appropriate. For one, something as simple as an invoice reminder can lead to payment. Invoice reminders serve as a gentle reminder that payment is due and owing, and they call for the recipient to make payment promptly. Escalating things a bit more with a document like a payment demand letter can help, too. Demand letters will generally include specific legal threats, and they'll set a deadline for making payment. Finally, keep in mind that the mere threat of a lien filing is a powerful tool, all by itself. So, sending a Notice of Intent to Lien can get the customer's attention and force payment, as well. More on that here: What Is a Notice of Intent to Lien and Should You Send One?

Florida mechanics lien requirements

Finally, it's worth mentioning some of the Florida mechanics lien requirements. For one, Florida doesn't specifically require that claimants have a written contract in order to file a mechanics lien. Further, recall that, for all parties hired by someone other than the owner, a Notice to Owner must be sent in order to preserve the right to lien. And, finally, note that the deadline to file a Florida mechanics lien is strict - claims must be filed within 90 days of last furnishing labor or materials. Obviously, though, claimants will have some time to negotiate payment or explore other recovery options before the lien deadline. For more information on filing Florida mechanics liens, these resources should provide a lot of value: - Florida Mechanics Lien Guide and FAQs - How to File A Florida Mechanics Lien – Step By Step Guide To Get You Paid

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