This Notice of Contest of Lien Form is for use by a corporate or LLC owner or attorney for the owner to notify the lienor that the owner contests the claim of lien filed by the lienor and states that the time within which the lienor may file suit to enforce his or her lien is limited to 60 days from the date of service of this notice.
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Contesting A Lien An owner has a right to file a Notice of Contest of Lien during the one-year period. Upon the filing of a Notice of Contest of Lien, a lienor must file a lawsuit to enforce the lien within 60 days. Failure of the lienor to timely file a lawsuit renders the lien invalid.
Demand That the Contractor Release the Mechanic's Lien. Filing a Petition With the Courts. Contact a Fort Lauderdale Real Estate Attorney for Help Today.
If you're claiming a lien on real property, it must be filed in the recorder's office of the county where the property is located. Expect to pay a filing fee between $25 and $50 depending on the location where you file.
Florida construction law gives mechanics lien rights to direct contractors, subcontractors, material suppliers, equipment lessors, and laborers when they perform work for the permanent benefit of land or real property (as per §713.01(15) definition of improvement).
Formalize a defense for disputing the amount of the lien. Gather supporting documentation for your rebuttal, depending on the type of lien. Contact the agent representing the creditor to dispute the amount of the claim. Negotiate a payment settlement with the creditor if you cannot pay the amount you owe in full.
Negotiate with the contractor who placed the lien (the "lienor" to remove it. Obtain a lien bond to discharge the lien, or. File a lawsuit to vacate the lien.
Who you are. The services or materials you provided. The last date you provided the services or materials. How much payment should be. The date on which you will file a lien if you do not receive payment. How the debtor should pay.
