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hello sir, hello, it is me again with the mechanic/constructions

Customer Question
hello sir, hello, it is me...
hello sir,
hello, it is me again with the mechanic/construction's lien issue ?
You recommended to file a lawsuit and we both would agree how expensive this process might be.
what would be the less expensive and efficient way to do it:
a) file a law suit
b)request a Sworn Statement and contest the suit at the same time
Submitted: 4 years ago.Category: Legal
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Answered in 1 minute by:
3/30/2013
Lawyer: Ray, Lawyer replied 4 years ago
Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 44,481
Experience: 30 years in civil, probate, real estate, elder law
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RayAnswers :

Thanks for your question and good evening.

RayAnswers :

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.

RayAnswers :

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.

Ray
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Customer reply replied 4 years ago

I agree, yet my questions were/are:

.
what would be the less expensive and efficient way to do it:
a) file a law suit
b)request a Sworn Statement from the contractor and contest the suit at the same time

 

Lawyer: Ray, Lawyer replied 4 years ago
B) here responding and contesting the suit will be less expensive here.This may include a sworn statement and responsive pleading to contest the allegations.Also a lawyer could do a counterclaim here as well in the same suit seeking lawyer fees and costs as well.



Here is lawyer referral through your state bar.

http://www.floridabar.org/tfb/tfbconsum.nsf/48e76203493b82ad852567090070c9b9/ec2322e512b83d1e85256b2f006cc812?opendocument


Thanks for letting me help you tonight.Let me know if you have more follow up.

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.


Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 44,481
Experience: 30 years in civil, probate, real estate, elder law
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Customer reply replied 4 years ago
how much time do I have before they can enforce the lien ? The lien was recorded on 03/04/2013
Lawyer: Ray, Lawyer replied 4 years ago
Here in Florida the party wishing to foreclose a construction lien must file suit
within one year of the date the Claim of Lien was filed.Alternatively, the owner may shorten the 1-year time period by filing a complaint for an order to show cause. The clerk of the court then issues a summons to the person filing the lien to show cause within 20 days why the lien should not be enforced by action or vacated and canceled of record.

The person filing the lien here in seeking to satisfy the order to show cause typically files a lien foreclosure complaint.The owner can also seek to shorten the one year lien foreclosure period by filing a notice of contest of lien. If this is done, the lienor has 60 days after service of such notice to file suit to enforce the lien or the lien is automatically extinguished.

These are the time frames involved. You may also be able to counter claim here as well and a lawyer might be able to add that to your response and also seek lawyer feees and costs.
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Lawyer: Ray, Lawyer replied 4 years ago
Thanks for the follow up.I wish you good luck with all of this.
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Customer reply replied 4 years ago
I apologize, I might have asked the wronq question, what I meant is there any time requirement from the lien is recorded to enforcing it ? does the statutes give a certain time to the owner after the lien is recorded to answer or pay the lien before allowing the contractor to enforce the lien ?
Lawyer: Ray, Lawyer replied 4 years ago

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.

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Customer reply replied 4 years ago

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 ?

Lawyer: Ray, Lawyer replied 4 years ago
No problem.Sorry for the confusion.

In Florida the party wishing to foreclose a construction lien must file suit within one year of the date the Claim of Lien was filed.

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:

  • 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)).

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.


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Customer reply replied 4 years ago
never mind
Lawyer: Ray, Lawyer replied 4 years ago

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.

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Customer reply replied 4 years ago

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.

Customer reply replied 4 years ago
AMAZINGLY, your answer matched VERBATIM another Lawyer from this site, I mean word for word. WHAT IS THIS ?
Lawyer: Ray, Lawyer replied 4 years ago

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 specific

In 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.

Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 44,481
Experience: 30 years in civil, probate, real estate, elder law
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