Fill Out Your Intent To Lien Florida Form Make My Intent To Lien Florida Online

Fill Out Your Intent To Lien Florida Form

The Intent to Lien Florida form serves as a formal notification to property owners that a contractor or supplier intends to file a lien against their property due to non-payment for services or materials provided. This notice is a crucial step in the lien process, as it informs the property owner of the outstanding amount and allows them an opportunity to address the issue before further action is taken. Understanding this form can help property owners navigate potential disputes and protect their interests.

Form Sample

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 non-payment.

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

Misconceptions

Understanding the Intent to Lien form in Florida is crucial for property owners and contractors alike. However, several misconceptions can lead to confusion and potential legal issues. Here are six common misconceptions:

  • It is a lien itself. Many believe that the Intent to Lien form is a lien. In reality, it is merely a notice that indicates the intention to file a lien if payment is not made. The actual lien is recorded later if the issue is not resolved.
  • It can be sent at any time. Some think they can send the notice whenever they wish. However, Florida law requires that it be sent at least 45 days before filing a lien. Timing is essential to comply with legal requirements.
  • It guarantees payment. There is a misconception that sending this notice guarantees payment. While it serves as a formal reminder, it does not ensure that the property owner will pay the outstanding amount.
  • It must be sent to the property owner only. People often assume that the notice should only go to the property owner. In fact, it may also need to be sent to the general contractor, especially if they are involved in the project.
  • Failure to respond means the lien will be filed automatically. Some believe that if the property owner does not respond, the lien will be filed without further action. While no response can lead to a lien, the process requires careful adherence to legal protocols.
  • Once sent, it cannot be withdrawn. There is a belief that the notice, once sent, cannot be retracted. In certain circumstances, it may be possible to withdraw the notice if payment is received or if both parties reach an agreement.

Being aware of these misconceptions can help property owners and contractors navigate the complexities of the Intent to Lien process more effectively. Clear communication and understanding are key to resolving payment disputes amicably.

Key takeaways

Filing the Intent to Lien Florida form is a critical step for contractors and suppliers seeking payment for services rendered. Here are some key takeaways to consider:

  • Purpose of the Form: This form serves as a formal notice to property owners that a lien may be filed due to non-payment for labor or materials.
  • Timing is Essential: The notice must be sent at least 45 days before recording a lien, ensuring the property owner has time to respond.
  • Payment Amount: Clearly state the amount owed for services to avoid confusion and facilitate resolution.
  • Response Time: Property owners have 30 days to respond to the notice. A lack of payment or response can lead to lien recording.
  • Consequences of Inaction: If a lien is recorded, the property may face foreclosure, and the owner could incur additional costs such as attorney fees.
  • Importance of Accurate Information: Ensure all names, addresses, and property descriptions are correct to avoid legal complications.
  • No Waivers Received: Mention if no waivers or releases of lien have been received to strengthen your position.
  • Professional Communication: Use a respectful tone in your correspondence to foster a cooperative resolution.
  • Certificate of Service: Include a certificate of service to document how the notice was delivered to the property owner.
  • Contact Information: Provide your contact details clearly so the property owner can easily reach you to discuss payment.

Understanding these key points can help streamline the process and potentially avoid the need for a lien altogether. Clear communication and timely action are crucial in these situations.

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