Lien/lawsuit Course of action
State of Florida
I had a company do work on an investment property. Some of the work was not done correctly and I made numerous attempts for the company to come back and fix there work. I still owed them money. They had an attorney send me a collection letter. I responded in writing within 30 days disputing what they claim was owed and asked for proof in writing. I did not receive any other letters from the attorney. I was informed 6 months later that a lien was placed on the property. The lien was placed legally. I wrote to the attorney and we have exchanged emails. I received a lawsuit from the attorney 1 day before the closing Via email but I was never served. In order for me to sell the house the attorney added over $5000.00 to what he previously was seeking 6 months ago so I had to pay it so I could have the closing. I wrote to him and told him that I have pictures that show the work performed was unsatisfactory and I am going to file a lawsuit to get the over payment back. He sent me an email stating that I will not be able to win in court because I should have brought up these issues in the original lawsuit and the court will dismiss my case and I will also be repsonsible for his attorneys fees.
Now I did some research and if I am correct the Court does not have jurisdiction over the lawsuit until the defendant has been served. If this is the case I then paid off the lien and not the lawsuit. Also, he refuses to produce a release of lien. Can one of the bright attorney's out there tell me if I am correct and am I still able to pursue the over payment I made at closing and what action can I take since he won't produce a relesae of lien?
Thanks