In Palm Beach Gardens, Jupiter, Palm Beach County and throughout Florida, laws exist setting forth lien rights of laborers, material suppliers and others.  The laws exist to protect both the property owner and the person or company providing services or materials to improve the real property.  Most of these laws are found in Chapter 713 of the Florida Statutes.

Florida Statutes section 713.06, pertains to what is called a "notice to owner".  The notice to owner is simply a written notice provided to a property owner by any person or company providing labor, services or materials to improve the real property who is not in privity with the property owner.  That is, they do not have a direct contract with the property owner.  The notice to owner puts the property owner on notice that someone other than those who have a direct contract with the owner are providing labor or materials that will improve the property and that the owner should obtain proof that the person or entity providing the notice to owner is paid for their labor or materials.  If the property owner does not ensure that all those who provide a notice to owner are paid, the property owner runs the risk of having to pay those who were not paid, even if the property owner has paid the general contractor for the work or materials.  Conversely, if a potential lienor does not serve a notice to owner in compliance with the statute, that lienor loses all of its lien rights.

The notice to owner statute contains very important information, including when a notice to owner must be served.  Pursuant to the statute, a notice to owner must be served no later than 45 days from when the lienor commences furnishing materials and/or labor at the site of the improvement pursuant to a contract.  Additionally, a notice to owner must be served prior to the final payment being made in reliance on a final contractor's affidavit. 

Also found in Florida Statute section 713.06 is a form notice to owner.  Anybody drafting a notice to owner must take notice of the form and be certain that their notice to owner contains the warnings required by the statute which are included in the form. 

Florida's Lien Law is complicated and it contains many requirements and nuances that must be followed.  If you are interested in retaining my services relating to Florida's Lien Law in Jupiter, Palm Beach Gardens or throughout Florida, please feel free to contact me at (561) 602-4447 or  liz@elizabethmontgomerylaw.com or visit my website at www.elizabethmontgomerylaw.com or www.jupitercollectionsattorney.com.

In last month's blog, I discussed different methods to use when attempting to collect on a money judgment in Jupiter, Palm Beach County and throughout Florida.  One of the methods discussed was the recording of the judgment in the official records of any county where the judgment debtor may own land or real property.   This blog post will cover more details regarding recording of final judgments in Palm Beach County and any other county in Florida.

In order for a recorded judgment to act as a lien against real property, the provisions of Florida Statutes §55.10, pertaining to judgments, orders and decrees, must be followed.  Subsection (1) of this Florida Statute provides as follows:

A judgment, order, or decree becomes a lien on real property in any county when a certified copy of it is recorded in the official records or judgment lien record of the county, whichever is maintained at the time of recordation, provided that the judgment, order, or decree contains the address of the person who has a lien as a result of such judgment, order, or decree or a separate affidavit is recorded simultaneously with the judgment, order, or decree stating the address of the person who has a lien as a result of such judgment, order, or decree.  A judgment, order, or decree does not become a lien on real property unless the address of the person who has a lien as a result of such judgment, order, or decree is contained in the judgment, order or decree or an affidavit with such address is simultaneously recorded with the judgment order or decree. 

Subsection (1) also provides that any judgment recorded pursuant to this subsection on or after July 1, 1994, "shall be a lien in [the county where it was recorded] for an initial period of 10 years from the date of the recording."  After the initial 10 years, the judgment lien may be extended by rerecording a certified copy of the judgment "prior to the expiration of the lien."  F.S. §55.10(2).  No judgment liens created by Florida Statutes §55.10 are valid for more than 20 years.  F.S. §55.10(3).

As I've said before, there are additional rules and nuances contained within Florida law that must be followed.  If you are interested in retaining my services to attempt to obtain a judgment and then collect on it for money that is owed to you or your company in Jupiter, Palm Beach Gardens or throughout Florida, please feel free to contact me at (561) 602-4447 or  liz@elizabethmontgomerylaw.com or visit my website at http://elizabethmontgomerylaw.com.