Legal Question in Credit and Debt Law in Florida
Collection from Contractor
We did work for a local contractor and still have not been paid. Can we charge a ''late fee'' if not paid within say 90 days? Can we charge a ''fee'' for each month it remains unpaid? If we must file a lien can our court costs be added to the amount the contractor owes us?
2 Answers from Attorneys
Re: Collection from Contractor
You can't charge a late fee if your agreement doesn't provide for it.
I believe the cost of filing a lien to preserve your rights is something you can recover, just like the filing fee and the service of process fee.
Re: Collection from Contractor
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You can charge a late fee if your agreement with the contractor calls allows one to be charged. You can also charge interest if provided for. If you file a lient and later have to go to court, it can be added as a cost that will be charged back to the losing party.
In the interim, you should review the mechanics lien statutes. I am not sure what kind of work you did, but you may have the right to file a mechanics lien against the property. The filing is carefully regulated and must be done within certain time frames in order to perfect your claim. You should consult an attorney if you have any questions.
Scott R. Jay, Esq.