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Florida’s Construction Lien Law found in Chapter 713, Florida Statutes, may seem like an area of the law that is only relevant to contractors and property owners. However, there are important aspects of the Construction Lien Law that can directly affect the rights and obligations of lenders in numerous ways. Specifically, under Fla.
If a defendant cannot be located, then service may be effected by constructive service, i.e., service by publication, which is governed by Chapter 49, Florida Statutes. Before a defendant can be served by constructive service, the plaintiff must make a diligent search and inquiry to locate the defendant. Gualt , 259 So. 3d 119 (Fla.
3d DCA 2002) (holding that an unsigned contract was valid and binding because, although the defendant nursing home did not sign it, it “acted as if they had a valid contract” by providing the plaintiff care for over two months); L & H Construction , 55 So. Both parties completed the construction, and the subcontractor filed suit.
Instead, they will help you collect on the debt by filing a lawsuit against the debtor, seeking and obtaining attachments on the debtor’s assets, and even garnishing their wages post-judgment so that you can get paid for your judgment debt. We also use methods such as reach and apply injunctions to help collect your bad debt.
To properly serve a defendant by constructive service, foreclosing lenders must publish the notice of action in a newspaper once a week for two consecutive weeks. Lenders are required to publish the date of the public auction in a newspaper once a week for two consecutive weeks, and again five days before the sale date.
Sector-Specific Debt Growth : Retail, hospitality, and construction businesses are seeing the highest increases in outstanding debt. Implementing a strong accounts receivable process, setting clear payment terms, and working with a commercialcollection agency can ensure faster payment recovery.
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