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Should I Release the lien

Client had 2 water losses to his home back to back and never paid us. we tried to collect payment for some time before deciding to file a lien. Error on our part that we filed past the 90 day mark and now he has an attorney requesting us to release the lien

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Jul 13, 2020

The 90-day deadline to file a Florida mechanics lien is strictly enforced. See, No Lien-iency For Florida Lien Deadlines. Although the claim may have been recorded, it doesn't necessarily mean it is valid. Any attempt to enforce the claim will be dismissed by the courts. An incorrect or invalid lien claim should be released, particularly after requested by the owner's attorney. If the owner incurs any damages due to the claim remaining against the property title, you may end up being liable. The lien should likely be released. But just because you don't have lien rights, doesn't mean you are without options. You can always bring suit against the client under breach of contract or quantum meruit claims. this article explores these options a bit further: Can't File a Lien? Here are Some Other Options for Recovery. And, depending on the amount in dispute, you may be able to file in FL small claims court if the claim is under $8,000. Good luck!

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