Legal Question in Business Law in Florida
using a lien on business or home for payment for professional services
I entered into a verbal agreement with a business owner in Florida. There were witnesses to that agreement. But although I performed professional services (marketing consulting services) for this business owner, he refused to pay the bill I sent him for time, expenses and services provided. I have tons of documents which indicate there was effectively a business relationship between us. How can I place a lien on his personal or business property to insure I receive payment from this person. We are not going to work together any longer, so I need to close that chapter. He and his wife probably own the business jointly. Same for their house,I presume.
2 Answers from Attorneys
Re: using a lien on business or home for payment for professional services
You cannot simply place a lien on the debtor's property because you claim he/she owes you money. Based on the facts you provided, it appears you will have to file suit, and if you prevail and obtain a final judgment, then you will be able to begin efforts to attach property or garnish money that belongs to the judgment debtor.
The tons of documents you have that reflect the business relationship and work you performed are critically important since you failed to memorialize your verbal agreement in writing. Under a theory of Quantum Meruit and other theories you may have a viable claim against the proper party(ies) for the value of your services. You cannot go after the debtor's spouse simply because he/she is the debtor's spouse. There has to be a genuine connection with the defendant(s) and a legal basis to file a claim against a party. That's something that a lawyer can determine. If you think you can go after the debtor's home, you're probably mistaken, especially in Florida where one's homestead is heavily protected by law. See the advice of counsel and good luck.
Re: using a lien on business or home for payment for professional services
From your question it seems that you do not even know for what entity you performed services. In any event there is , under your circumstances, no procedure to obtain a pre-judgment lien.
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