Legal Question in Real Estate Law in Florida

Lien

My Husband is being threatened with a Lien on his person...will this lien be on him or our property ? how can we put a stop to this..as this action was taken whilst we where out of the country..

He guarantored my Store Lease


Asked on 9/07/08, 5:01 pm

1 Answer from Attorneys

William Gwaltney William W. Gwaltney, Attorneys at Law

Re: Lien

If there is not a judgment then there can likely be no lien, unless this is what is commonly called a "mechanic's lien". Liens are generally placed against property and then only after a judgment and proper recording with the clerk.

If the claim against your husband has not been reduced to judgment then he should work to avoid one. Is the case still pending? Is this lien related to your business lease? If not then it should not have any impact on your lease. However, it could impact any financial interest he has in your business.

Whether your husband has any valid defenses to the lien can easily be determined by an attorney after being presented with all of the facts.

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Answered on 9/08/08, 1:04 pm


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