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Our company has a community that still owes us money from 2022. Too late to file lien. What can we do?

FloridaCollections
Wendy Cujas

Our small business in Bonita Springs FL has a community that still owes us money from 2022. I just found out that we are past the deadline for filing a mechanics lien. Any other solutions out there to get paid for our work?

4 replies

Owner & Attorney at Essential Counsel
| 10 reviews
Mar 25, 2023

There are legal options that might be available to an upaid contractor including direct negotiation, mediation, arbitration, or filing a civil action so long as there is still time to file a civil action before the applicable statute of limitations deadline. Which option is best is fact specific. As a general proposition that coincides with legal options, I share that in construction, business, law, or in life it is all about relationships. Re-engaging the customer relationship can be a way to reach a positive outcome. Depending on the situation, when an account is seriously delinquent, it can be helpful to re-engage a customer's senior executive decision-maker and seek to understand why payment has not been delivered in a timely manner. Re-engaging the customer and actively listening with a focus on trying to find a payment solution can be a useful option that ultimately leads to resolving the issue.

Essential Counsel, LLC 303-319-2924 / steve@essentialcounsel.com. NO LEGAL ADVICE and NO ATTORNEY-CLIENT ENGAGEMENT: Due to inherent limitations
of a public forum, any answer provided on LevelSet forum is solely for general information and public education. No legal advice is provided. EachSee More...
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Mar 27, 2023

Depends on how much is owed – the cost of recovery can be high. Check contract to see whether you get fees for collecting debts.

Usually, you would do the following: demand letter on your letterhead, giving them 5 or 10 days to pay; then demand letter from attorney; then lawsuit.

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President at Rauch-Milliken International
| 29 reviews
Mar 27, 2023

A certified commercial collection agency licensed and bonded to collect in FL can collect the debt owed on a contingency fee bases so you do not have to put any money out to get it resolved. Depending on the particulars of the debt owed, any fees could be added to the debt so it's possible the collection could be cost free to you or at least at minimal cost. Feel free to contact me with questions. Best regards getting paid. 

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If you have a solvent defendant, you can still file a state court action to collect the money, even without a lien.
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