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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Business Law
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Experience:  All corporate law, including non-profits and charitable fraternal organizations.
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Am seeking legal advice. Am a building contractor in the

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Am seeking legal advice. Am a building contractor in the Sarasota, FL area. Am a defendant in Case No. XXXX-XX-XXXX in Manatee County , FL. Have a summons served to me. The summons is from the plantiff (Jim A) contesting for why the lien should not be discharged. I believe I have only a few more days to respond? I do not know if I should respond. I have a lien on property for $6041.71. Yet I have an electrician that has lien on property for $5820. Do not know what to do.? See notes below. In March 2011 completed a residential ceiling renovation at XXXX XXnd NW Ave in Bradenton, FL. Have contract, excellent clarity in agreement. During construction client ( plaintiff- Jim A) authorized additional work. Enlarged work areas scope and renovated a bath that were not in base work scope, there are cost of additional work due.. Jim A authorized in writing. Have over 700 pics that were taken daily. At final completion, owner refused to pay in full saying he simply did not have the money. And if he did pay he would mess up his future construction plans. Citing he may lose his Pennsylvania Iron Worker Pension. Bottomline, this is a game to hime and he has money. Did not receive over $6041.71 of my final bill. I did supply Jim A a signed final builder affidavit along with my final bill. I did not receive the money, and Jim A is showing his attorney the signed final builder affidavit as evidence that I have been paid in full. I lien's the house immediately, about 3 months ago. Also I have an electrician , United Electric that has liened the house. Builder lien is $6041.71. United Electric lien is $5820. I have paid all subs in full except for United Electric. Of the money I did receive from Jim A, I paid out more than $2000 than recieved. I lost money, and have cancelled checks to prove it. It is a bad deal, should of been smarter and avoided. I have never been in a court room before, been in business over 20 years.. No construction defects, no issues there. Mindset of Jim A . Plaintiff recently went out for bids on a pool . Another pool contractor told me that Jim A rec'd 17 pool bids? Can forward legal paperwork upon request. Have in pdf format, can easily email. Question: If I just let this go, what will happen to me? Will it affect the United Electric lien if I do not contest?. With the amount of money involved, it is really not worth the fight to me. . Alan XXXXX Civil Engineer, Professional Builder XXX-XXX-XXXX (W): XXX-XXX-XXXX (Fax)[email protected]
You do not know if you should respond? You MUST respond or the court will just dismiss the lien against you. First, you need to answer the suit and follow the format of the suit and answer each numbered paragraph with "admit," "deny," or "insufficient information to form a reasonable belief to the truth of the allegations in this paragraph and leave plaintiff to his proof thereof." Then after you answer all of his allegations you sign it date it and have it notarized, THEN you follow the format of his complaint and you title your document COUNTERCLAIM and you list your claim for breach of contract and payment against him.

If you prove your contract against him, the court will not only refuse to release the lien but will turn it into a judicial lien which he can only get removed by paying it. So it really is worth it to you to reply.

If you do not reply the court will release your lien and it is up to the electrician to deal with their own lien.

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