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    hcorcoran01's Avatar
    hcorcoran01 Posts: 1, Reputation: 1
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    #1

    Oct 13, 2010, 01:27 PM
    Can you file a lien on property in Florida without a judgement?
    I loaned a friend some money to bury his mother, and now he is ignoring all calls. It was about $15,000.00. He owns property that she left him that is free and clear and worth a lot of money. Can I file a property lien on him without having to go to small claims court?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Oct 13, 2010, 02:01 PM

    No, and $15,000 is above the Small Claims Court limit.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #3

    Oct 13, 2010, 04:07 PM
    Quote Originally Posted by hcorcoran01 View Post
    I loaned a friend some money to bury his mother, and now he is ignoring all calls. It was about $15,000.00. He owns property that she left him that is free and clear and worth a lot of money. Can I file a property lien on him without having to go to small claims court?
    Not unless he buried her on the property and you are claiming a mechanic's lien? :p
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
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    #4

    Oct 14, 2010, 01:13 PM

    You must file a lawsuit and obtain a judgement at which time you can then put a lien on the property for future collection once the property is sold. In the meantime no, you just can't waltz into the courthouse and file a lien on the property regardless of how much it's worth. Does not work that way. Take them to court and have a Judge issue the Judgment.
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