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TexLaw
TexLaw, Attorney
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Experience:  Lead trial/International commercial attorney licensed 11 yrs
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I am involved in a case where a lien was filed on my property

Resolved Question:

I am involved in a case where a lien was filed on my property because my builder did not pay the sub.
It was has been on the docket for 17 months I wrote to the judge and he called for a hearing. I told the judge that my builder collected the funds to pay the sub but, did not pay him.
I said I wanted to bring the builder in on the case the judge said I could do that myself.....what do I file to make this happen ?

the sub's sub contractors lawyer has sent a request for admissions I sent answers.
I have not heard anything from the court on it. It has been a month
Submitted: 1 year ago.
Category: Legal
Expert:  TexLaw replied 1 year ago.

Hi,

Thank you for your question.

You need to file a Third PartyComplaint against the builder. The rule which allows you to do this is found at: http://phonl.com/fl_law/rules/frcp/frcp1180.htm

The copy of the form you use is:

http://forms.justia.com/florida/statewide/civil/third-party-complaint-29353.html

You will need to tweek the form to match your specific circumstances.

Once you have the form, you file it with the clerk (either county or district) and ask for a "citation" to be issued and ask for the clerk to request that the constable/sheriff serve the suit on the builder. That means you will need to know the builders proper legal name and office location. If the builder is an individual (not a company) you can sue him in his individual capacity and ask for service of the citation at his house or business (you will need to determine these addresses).

In regard to the requests for admissions, it is good that you answered them. However, this does not generally become a matter for the court. The court does not participate in discovery proceedings between the parties unless there is a motion regarding those proceedings before the court. So you won't hear anything from the court.

The best thing you can do is file your Third Party Complaint ASAP.

Please let me know if you have any further questions regarding this matter.

-ZDN

Customer: replied 1 year ago.

thank you for your help but I haven't been able to print the form


do I just go to the court house the clerk of courts and file this form and they will see that the builder is present for a hearing or what ever they do next?

Expert:  TexLaw replied 1 year ago.

If you are not able to print the form, then you can simply copy it into a word document so that you can tweek it from there. I haven't seen any other website with the same form for free.

When you go to the clerk's office, tell them you want to file a third party complaint and that you need a citation and to get service by the constable/sheriff. There will be some more forms that you will need to fill out at the clerk's office to have this done. Once you have filed out the forms and paid the necessary fees, the clerk will take it from there.

Once the builder has been brought into the suit (remember, you are now suing the builder for breach of contract and indemnity), the court will handle scheduling the case. What you want to happen is that the sub will sue the builder too. However, you should be able to recover your costs from the builder, as the builder should have paid the sub when you paid the builder.

-ZDN

TexLaw, Attorney
Category: Legal
Satisfied Customers: 4258
Experience: Lead trial/International commercial attorney licensed 11 yrs
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