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Our Mechanics lien has expired on a job and we would like to know where we can go from here.

FloridaCollections

We are a Professional Service that liened a job in 2019 for non-payment. The one year mechanics lien expired and we need to take further action to collect the money as it is a significant amount. Can you please let us know what actions we can take further to collect?

4 replies

Dec 16, 2020

You would need to contact an attorney to help you prepare and file a lawsuit to recover under another theory, such as breach of contract or unjust enrichment. 

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Dec 16, 2020

You can sue your customer for breach of contract.

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Dec 16, 2020

You should place the account for collections with a Florida licensed and bonded Certified Commercial Collection Agency member of CCAofA who could collect the account on a contingency bases so you are not throwing good money after a bad account. They will let you know if the account is collectable within a short period of time and your problem is resolved. If for any reason it's not collected, you have not wasted any money for the efforts. Then the agency would forward the account to a Florida attorney for a suit recommendation and suit would only be filed with your authorization as this would be the only time you would be asked to spend money for suit. I would be interested in reviewing your contract to see if the cost of collection can be added to the debt. Feel free to email srauch@rauchmilliken.com . Best regards getting your money, Steve 

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Dec 17, 2020

While your lien may have expired, it is possible that you still have legal and equitable remedies available to you depending on your contractual arrangement.

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