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How do I properly contest a mechanics lien on my home in Florida? No contract present.

FloridaMechanics Lien
Anonymous Contractor

I had mold remedial work done at my home, no contract, just a quote. The company did around 30% of the work they said they were going to do and left my place in shambles. Things went missing, furniture was not cleaned, it was a mess. When I questioned them, they said they did everything they said they were going to do. They then proceeded to stick me with an $8500 bill and at the same time, place a lien on my home. When I questioned them, they simply said, we'll be placing a lien on your home and you can speak to our attorney. The lien was already there though, no notice, nothing. I am going to send them a check for the work they actually did, attaching a letter stating that this is for payment in full, and then contest the lien. I'm doing this myself because they know that no attorney is going to touch this case for $8500 because even to get that cut in half, I'll have to spend 3k or more, thus I'm no further ahead. My question is, if I contest the lien, and they file to foreclose, am I stuck with more fees? Or can I just pay them the balance at that point and be done with it? Side note, this company has done this to over 20 different people in the last 3 years, and should be investigated! They're in Florida. Any help would be greatly appreciated :)

1 reply

Levelset Admin at Levelset
| 988 reviews
Apr 23, 2020
Generally, an owner should have the opportunity to pay or settle a lien claim before a legal proceeding actually gets underway. Though, it makes sense that a claimant might demand additional costs - like attorney fees, filing fees, court costs, etc. if they do have to proceed with a claim, to some degree. Meaning, the closer the dispute gets to the courthouse, the more it might cost to settle or resolve the matter.

How Florida owners can dispute mechanics liens

In terms of disputing the lien, keep in mind that there are a few really useful tools an owner has when looking to contest a lien filing. Before diving in, though, I think this article will be helpful:  A Mechanics Lien Was Filed on My Property – What Do I Do Now?

Notice of Contest

For one, filing a Notice of Contest will shorten the timeframe for the claimant to enforce their lien to a mere 60 days (down from 1 year). So, that acts sort of like a game of chicken, forcing the claimant to make a call one way or the other on whether to move forward with the claim.

Filing a summons and complaint to show cause

An owner can also shorten the time for the claimant to act to a mere 20 days by filing a summons and complaint to show cause on why the lien shouldn't be enforced or vacated. This requires a legal filing, though, so it may require the help of an attorney to make that happen. Still, this could really minimize the window for liability - especially when the lien filing is dubious.

Bonding off the lien claim

Bonding off the lien is always an option, too. Granted, it might not be necessary to inch the cost of obtaining a bond if getting the lien of the property title isn't a major and immediate concern. You can learn more about how that works here: Primer on Mechanics Lien Bonds and Bonding Off a Mechanics Lien.

Threatening or pursuing legal action

It's also common for owners to dispute lien claims by threatening to pursue legal action against the claimant. If the lien is as questionable as indicated above, it shouldn't be all that much of a task to have an attorney draft a demand letter calling for the release of the lien. Or, actually pursuing legal claims could be an option as well.
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