Legal Question in Real Estate Law in Florida
charging lien
It was suggested by an attorney that he vaguely remembered that charging liens expire after a certain time period. He never did the research to confirm this, however. Please state the statute governing the time period of charging liens and your interpretation of it. Thanks much for your assistance.
2 Answers from Attorneys
Re: charging lien
I agree with the previous writer. To answer your question, I presume a valid charging lien exists. It encumbers certain property in contention in a law suit. I am unaware of any statue or rule allowing for its discharge by the simple passage of time. You may want to check out FS 713-715, if you dont want to pay an attorney to research the point.
Re: charging lien
If a lawyer fails to provide timely notice of a charging lien prior to the conclusion of the original action as to the person or entity to which the lien applies, the charging lien is waived. Of course, the lawyer can always file a separate lawsuit for his/her fees against the person or entity that allegedly owes such fees. Timely notice in the original action is required to perfect a charging lien under Florida law.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
