Have Legal Questions? Ask a Lawyer Now.
Thanks for your question and good evening.
You may see if the lawyer here would take this on a contingency fee agreement.Often they will do so and you would contribute some expense money as well.This would allow you to lower your out of pockets costs.Your lawyer would seek lawyer fees and costs from the other party if you prevail.
You certainly can contest their suit here and even try to resolve the matters.You would have both options in this situation here. I would consider a consultation here with a local lawyer that does real estate litigation and go over both options.The lawyer and you may decide to do this in phases to see how contesting the suit goes first and a counterclaim may also be advisable.The lawyer can go over fee quote and you can see what the lawyer can do as far as contingent fee.
I agree, yet my questions were/are:
.what would be the less expensive and efficient way to do it:a) file a law suitb)request a Sworn Statement from the contractor and contest the suit at the same time
I hope that you will be so kind as to leave a positive rating. If you do have any additional questions about my answer please click the "Continue Conversation Link" so I can provide you with a fully satisfactory answer. Please be aware that any rating of 1 or 2 is reflected as a negative rating and I receive no credit for my answers.
This communication does not establish an attorney-client relationship.Information provided here is not legal advice. Rather it is simply general information.
You would be able to pay off the lien here anytime prior to suit and get a release.After suit has been filed it is still possible to settle and have it released.The person with the lien may want some legal fees/cost of suit but it is all negotiable.If you are still pro see you can contact the lawyer yourself and seek to make them an offer to resolve it.they are often eager to do so and avoid further litigation.If you can resolve it here without legal fees on your side you may decide to do so to resolve it all and get it released.
sir, I am not sure where the confusion is
I need to know how much time do I have before the contractor can enforce the lien and file for forclosure? can they enforce the lien within days after filing the claim of lien? withing 30 days, 60 days, any time ?
However, the 1 year foreclosure period can be shortened to as little as 60 or 20 days. It’s important to know these two exceptions:
So they would have to serve you with these in order to shorten the one year period to file suit.
Again I am sorry there was confusion here.It has been a long day.Thanks again for letting me clarify.
Here you could seek to enforce it nest week by filing your suit to foreclose/enforce on the lien if they choose, but most times they do not move that fast since they have a year here.. Usually they let these liens sit for at least 6 months before doing anything, but you should consider filing suit within the next couple of weeks and get this over with them.You can force the issue thats for sure.
Thanks again for letting me clarify this for you.Have a good evening.
I understand, and I apologize if my answers were harsh, I didn't mean to be rude.
This case is taking toll on us, my husband is very stressed and can hardly sleep or eat. It is just frustrating how much power is giving to those crooks by the law, and we feel helpless.
I can understand that you are frustrated here and that is understandable.
The law I set out above governs this so the law applies to your situation precisely.The mechanics lien law is specific as to the time frames .The answers here should be the same as the mechanics lien law is specificIn Florida the party wishing to move forward to foreclose on a construction lien must file suit within one year of the date the Claim of Lien was filed.Here the other party here can take up to one year.They usually wait six months or so to see if you pay it off or make offer to settle.But they do not have to do so by law there are ways to shorten it.
But it is possible that the one year period can be shortened to as little as 60 or 20 days. So here under the law you can file in a shorter period foreclosure period is reduce to 60 days if the property owner serves a Notice of Contest of Lien (F.S. 713.22(2)).
Foreclosure period reduced to 20 days if the owner or interested party files a lawsuit complaint and summons with a rule to show cause on the mechanics lien (F.S. 713.21(4)).I think the law is specific in Florida about the time frames.The other expert would have been operating off of them as well in that sense I think we wanted to point out what is typical and that it is possible under the law to shorten the time frames.I read the other experts reply and I think we are pretty consistent in how the law applies here.Thanks for the follow up and letting me help you.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).