Content Overview
Guide to Writing Intent To Lien Florida
After you have gathered all necessary information, you can begin filling out the Intent to Lien Florida form. This process is important for ensuring that all parties involved are aware of the intent to file a lien. Please follow the steps below to complete the form accurately.
- Date: Write the current date at the top of the form.
- Property Owner's Full Legal Name(s): Fill in the full legal name(s) of the property owner(s).
- Property Owner's Full Mailing Address: Enter the complete mailing address of the property owner(s).
- Cc: If applicable, include the full legal name(s) of the general contractor.
- General Contractor's Full Mailing Address: Write the complete mailing address of the general contractor.
- Re: Specify the subject matter or title of the lien.
- Property Description: Provide the street address of the property.
- Legal Description: Fill in the legal description of the property.
- Dear: Address the letter to the property owner(s) by name.
- Furnisher's Name: Write the name of the person or company intending to file the lien.
- Amount Due: Specify the amount that has not been paid for work performed.
- Your Name: Sign the letter with your name.
- Your Title: Indicate your title or position.
- Your Phone Number: Provide a contact number for further communication.
- Your Email Address: Include your email address for additional contact options.
- Certificate of Service: Fill in the date the notice was served and the name of the person served.
- Method of Service: Check the appropriate box for how the notice was delivered.
- Name and Signature: Sign the certificate of service with your name.
Once the form is completed, ensure all information is accurate. It is crucial to send the notice to the property owner and any relevant parties as specified. This will help in addressing the payment issue in a timely manner and may prevent further actions from being necessary.
Document Breakdown
| Fact Name | Fact Description |
|---|---|
| Purpose | The Intent to Lien form notifies property owners of a contractor's intention to file a lien due to non-payment for services or materials provided. |
| Governing Law | This form is governed by Florida Statutes §713.06, which outlines the requirements for filing a lien in Florida. |
| Notice Period | The notice must be served at least 45 days before a lien is recorded, ensuring property owners have time to respond. |
| Response Time | Property owners have 30 days to respond to the notice. Failure to do so may lead to the recording of a lien. |
| Consequences | If a lien is recorded, the property may face foreclosure proceedings, and the owner could incur additional costs such as attorney fees. |
| Payment Amount | The form specifies the amount owed for work performed, making it clear what the property owner is responsible for. |
| Service Methods | The form allows for various methods of delivery, including certified mail, hand delivery, or service by a process server. |
| Certificate of Service | A certificate of service is included to confirm that the notice was delivered, providing a record of compliance with legal requirements. |
FAQ
What is the Intent to Lien Florida form?
The Intent to Lien Florida form is a legal notice that informs property owners of a contractor's or supplier's intention to file a lien against their property due to non-payment for services or materials provided. This form serves as a warning and aims to encourage the property owner to resolve the payment issue before any formal lien is recorded.
When should I send the Intent to Lien form?
You should send the Intent to Lien form when you have not received payment for services or materials provided and at least 45 days before you plan to file a Claim of Lien. This gives the property owner a chance to address the payment issue and potentially avoid a lien being placed on their property.
What information do I need to include in the form?
When filling out the form, you should include:
- The date of the notice.
- The property owner's full legal name and mailing address.
- The general contractor's name and mailing address, if applicable.
- A description of the property, including its street address and legal description.
- The amount owed for the work performed.
Providing complete and accurate information is crucial to ensure the notice is valid and effective.
What happens if I do not respond to the Intent to Lien?
If you do not respond to the Intent to Lien within 30 days, the contractor or supplier may proceed to file a Claim of Lien against your property. This could lead to serious consequences, including foreclosure proceedings, and you may also be responsible for additional costs such as attorney fees and court expenses.
Can I dispute the claim made in the Intent to Lien?
Yes, you can dispute the claim. If you believe the claim is unjustified, it’s essential to communicate with the contractor or supplier as soon as possible. Discussing the issue may lead to a resolution without the need for further action. Keeping records of all communications is also advisable.
How can I avoid having a lien placed on my property?
To avoid a lien, make sure to pay all invoices on time and maintain open communication with contractors and suppliers. If you encounter any issues with payment, address them promptly. If you receive an Intent to Lien notice, act quickly to resolve the matter before the 30-day period expires.
Is there a way to remove a lien once it has been filed?
Yes, a lien can be removed. This typically involves paying the amount owed to the contractor or supplier. Once payment is made, the lien holder should provide a release of lien. If the lien is disputed, you may need to resolve the issue through legal means, which could involve mediation or court proceedings.
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Intent To Lien Florida Example
NOTICE OF INTENT TO FILE A LIEN
Date: ______________
To:
Property Owner's Full Legal Name(s):
____________________________________________________________
Property Owner's Full Mailing Address:
____________________________________________________________
Cc:
General Contractor's Full Legal Name(s), if applicable:
____________________________________________________________
General Contractor's Full Mailing Address:
____________________________________________________________
Re: _________________________________________________________
Property Description:
Street Address: _______________________________________________
Legal Description: _____________________________________________
____________________________________________________________
Dear ___________________,
This Notice is being sent to inform you that ___________________________, having furnished
labor, professional services, and/or materials for improvements to the property described above, intends to record a Claim of Lien against the property for
Pursuant to Florida Statutes §713.06(2)(a), this Notice of Intent to File a Lien is being served not less than 45 days prior to recording a Claim of Lien against the property. This notice apprises you that we have not received payment in the amount of _____________________
for work performed on the project.
As per Florida Statutes §713.06(2)(b), failure to make payment in full or provide a satisfactory response within 30 days may result in the recording of a lien on your property. If the lien is recorded, your property could be subject to foreclosure proceedings, and you could be responsible for attorney fees, court costs, and other expenses.
No waivers or releases of lien have been received that would affect the validity of this lien claim.
We would prefer to avoid this action and request your immediate attention to this matter. Please contact us at your earliest convenience to arrange payment and avoid further action.
Thank you for your prompt attention to this matter.
Sincerely,
_________________________ [Your Name]
_________________________ [Your Title]
_________________________ [Your Phone Number]
_________________________ [Your Email Address]
CERTIFICATE OF SERVICE
I certify that a true and correct copy of the Notice of Intent to File a Lien was served on
______________ to ____________________________ at
__________________________________________ by:
□Certified Mail, Return Receipt Requested
□Registered Mail
□Hand Delivery
□Delivery by a Process Server
□Publication
____________________________ |
____________________________ |
Name |
Signature |