Trying to get payment from a stubborn client can be frustrating. However, a claim of lien can help guarantee that you will get your money. The concept of a lien is probably familiar to most business owners. On the other hand, many consumers view a lien simply as a threat but not a reality. Above all, a claim of lien can be a highly effective tool in the toolbox of a small business owner. In this article, we break down how claim of lien works and the requirements for filing a lien.
Over the years, a number of clients have wanted to place liens against someone or some company’s assets, usually because they didn’t get paid. Unfortunately, placing a lien against someone for failing to pay isn’t always easy. Liens can only be placed against another’s property if you have a judgment against them, it’s authorized by statute, or it was agreed upon.
What Is a Claim of Lien?
A lien is a secured interest that is given over personal or real property to secure payment of a debt or performance of an obligation. A lien is typically recorded in public records, but can also be based upon control or possession of the property. Work with a legal expert to ensure that your claim of lien is complete. This way you can guarantee that you can foreclose on the lien to get your money. Above all, a claim of lien can protect you and your business by securing payment.
What is the Purpose of a Lien?
A lien is intended to prevent someone from selling or disposing of the property without paying the debt or performing the obligation owed. Liens filed in the public records put potential buyers on notice that the property in question has a lien against it. If you buy property that has a lien on it without satisfying the lien, then lien may transfer with the property.
Types of Liens
Liens that are agreed upon as part of a loan or some other transaction are typically referred to as collateral. These types of liens consist of security agreements, loan agreements, mortgages, and UCC-1’s. For these liens to be effective, they must be filed in the public records. There are filing fee and usually taxes associated with these liens and the recording of these liens.
These liens are authorized by statute and are designed to protect contractors and suppliers. However, the statute has strict timing and notice requirements to protect property owners as well. Your notice and claim of lien requirements will vary based upon your relationship with the property owner or the contractor. Again, for these liens to be effective, they must be filed in the public records.
These types of liens are authorized by statute and allow a business to retain possession of personal property until the debt owed is paid. Liens authorized by statute usually derive from the performance of a service on your property or assets, or for the storage or boarding of that property or asset. Liens covered in this chapter of the Florida Statutes includes, liens for making repairs to personal property, landlord’s lien for rent, boarding animals, etc.
People obtain judgement liens against someone or some company through a court. The legal representative passes judgement against the party that has not paid. Then, you file a lien against them.
Where Does A Lien Get Filed?
The state of Florida typically requires people to file liens in one of three places.
1. The county where the property or person/company is located.
2. The Florida Department of State Division of Corporations.
3. The FloridaUCC, LLC . Where to record the lien often depends on the type of lien involved.