Legal Question in Real Estate Law in Florida
Liens on personal property?
My daughter and I purchased a mobile home with the intent that she and her girlfriend would be living there and paying the mortgage and utilities by sharing the expenses. Her girlfriend could not keep a job and was behind the payments. She recently moved to GA to get a job and a vehicle so that she could work to pay her debts here in Florida. She has informed us that she won't be returning and to rent out her half of the rental. She has a horse here in the area, the same place my daughter boards her horse. Can I put a lien on her horse to protect the money that is owed? She also has written a bad check in the amount of $136.00. What can I do to get some of this money back. The total owed is $525.00. I would appreciate any help you can give me.
Thank you for your time
2 Answers from Attorneys
Re: Liens on personal property?
Before a lien can attach to any property, you must obtain a money judgment form a court. You may then levy on property if the amount remains unpaid. The practical problems of seizing the horse and being responsible to feed and care for it would lead me to advise you to walk away from this situation without further expenditure of your time and money. A cheap life's leson!
Re: Liens on personal property?
Based on the facts you described, you will not be able to place a lien or otherwise attach the horse in an effort to collect on the alleged debt. Even if you could legally get possession of the horse, you would still be required to care and maintain it, and since feeding, grooming and caring for a horse is not free, it probably would not be worth the trouble given the amount of money in dispute. Furthermore, it's likely that the initial retainer that a lawyer would charge just to review your case would be greater than the money you are trying to collect. You may want to consider focusing your time and energy on worthier goals and just learn from the experience. If you decide to move forward against your daughter's former roommate, seek the advice of counsel and good luck.
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