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What options do we have if a lien was not filed and it is past the 90 day deadline in the state of Florida?

Florida

We sent a Notice of Intent to Lien for a job back in January 2019, however, we missed the deadline for filing the lien. There were a few properties for the same owner that had services done by us, liens filed and this one was missed. Is there anything that can still be done?

1 reply

Apr 19, 2019

Sorry to hear about your situation. Florida is incredibly strict when it comes to its lien deadlines. As you clearly know, the deadline to file a mechanics liens is 90 days from the last date of furnishing labor or materials to the project. Since the 90 days has passed, then the claimant will likely be unable to file a valid and enforceable mechanics lien. However, that doesn’t mean that you are out of options. If payment ultimately isn’t made, a demand letter threatening legal action may be enough to induce payment. Especially one that states specific legal threats like a Florida Prompt Payment claim, breach of contract claim or unjust enrichment. This can show that the claimant is serious about getting paid, especially if it comes with an attorney letterhead. Small claims court could be another option, depending on the amount in controversy. Also, passing the debt off to a collections agency could also be useful. Finally, the nuclear option could be to take the dispute to court. But litigation can be an expensive option. For more resources, you can head over to the Florida Lien & Notice page.

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