It is incredibly frustrating when someone won’t pay you the money they owe. It seems you spend a great deal of time collecting on debt.
Sometimes it feels as if the debtor has significant legal protections in place, while you have very little. However, there are some avenues you can pursue to ensure you receive payment.
What is a mechanic’s lien?
Suppose you are a contractor or supplier who has provided labor or supplies towards improving a property and hasn’t received payment. In that case, you can file a mechanic’s lien against the property. This legal claim ties your payment directly to the property you worked on, and the owner can’t sell or refinance the property until they’ve addressed your lien.
Before you can file a lien, Florida requires you to send a preliminary notice to the relevant parties informing them of your involvement in the project. This notice can increase the likelihood of getting paid before you file the lien.If the property is in the greater Miami area or Dade County, you will need to file the lien with the Clerk of the Court’s office. You then have 15 days to notify the owner of the property. If the lien isn’t paid off within a year, you have the right to foreclose on the property. However, if the property owner provides restitution, you must file a lien release. This will remove your claim against the property.
When filing a mechanic’s lien, it’s crucial to be aware of the strict deadlines. You have 90 days from the last day you provided services or materials to file your claim, so it’s imperative to act quickly. Because of Dade County’s very specific regulations regarding mechanic’s liens, it’s best if you work with someone who can guide you. Their help can improve the likelihood of you receiving full payment.