What legal avenues can we take without NTO

1 month ago

We are a distributor that provided product for a job that completed almost 2 years ago. We did not file a notice to owner and we never received payment for the product. The customer is no longer returning our calls. Besides sending the customer to collections is there any other legal avenue we can take at this point?

Senior Legal Associate Levelset
202 reviews

While NTO’s are required to preserve Florida mechanics lien rights, there are certainly options outside of the mechanics lien process that can help with recovery. As you mentioned above, sending a debt to collections is certainly an option. And, if you’re thinking about pursuing a debt via collections, Levelset has this article on top collection agencies, and you can contact a collector directly here: Construction Payment Collectors | Levelset Expert Center.

Additionally, pursuing legal claims is an option. Making a claim like breach of contract and/or a claim under Florida’s prompt payment laws could certainly lead to payment. And, because nobody likes dealing with a lawsuit, the mere threat of legal action – with a document like a payment demand letter – could be enough to get paid. Or, it might at least get the customer’s attention and force them to talk deal.

If pursuing a legal claim does become necessary, keep in mind that small claims court may be an option for streamlining payment claims under $5,000. Further, if legal actions must be taken, consulting a local Florida construction attorney would be very wise, too.

As a final note, this article might contain some information valuable to you: Can’t File a Lien? Here Are Some Other Options For Recovery.

Disclaimer: The information presented here is not legal advice and should not be construed as such. Rather, this content is provided for informational purposes. Do not act on this information as if it is advice. Further, this post does not create any attorney-client relationship. If you do need legal advice, seek the help of a local attorney.
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