if im a subcontractor and my employer dosnt pay me or bounces checks, can i place a mechanics lien on property

Question

i live in florida and subcontract as a mortgage processor. my boss owes me for 3 deals that have closed which includes one check that bounced. If i cannot place a lien what are my remedies. while the amount is not much, it has put me in a position where i cannot justify working more deals for her until i know i can get paid for the deals that have closed. To add to this i cannot go on unemployment unless i was terminated

Answer 1

“…When ye deal with each other, in transactions involving future obligations in a fixed period of time, reduce them to writing…”

As a subcontractor, your contract with the primary contractor may list the specifics addressing payment.

The primary contractor also has in their contract with the customer how they will be compensated.

You mentioned three deals. Only one produced a bounced check which sounds like this should have been a legal issue.

“A mechanics' lien is a hold on real property for the benefit of someone whose work or property improves the property. It is called by various names, including materialman's lien, supplier's lien, laborer's lien, construction lien and others. Through "perfecting" a lien, the technical term for establishing a mechanics lien, the owner's title to the property suffers an interference that will have to be addressed before the owner can restore clear title. Generally, a lien would only arise if there is a payment dispute, although some states (e.g. California) require pre-lien notices at the beginning of a project. Since real property ownership is mostly a function of state law, establishing a mechanics lien is mostly a process governed by state law, in particular a mechanics lien statute. The process for perfecting a mechanics lien varies significantly from state to state. However, common parts of the process of perfecting a mechanics lien include notice to the owner and to other persons or entities involved in the construction project, and also the drafting and filing of a document with the government office that records deeds or titles to land.”

For the state of Florida please visit and read this web page: http://www.thelienzone.com/Florida_Lien_Law.htm

http://www.myflorida.com/dbpr/pro/elboard/florida_lien_law.pdf
This document states what you are asking about non payment.

http://www.weblocator.com/attorney/fl/law/constructlaw.html

I can not assume what your contract says but in short it should have stated the method of payment, materials to be used, type of labor, etc.

I really hope that you research this or get legal representation to resolve this issue.

Thank you,

Answer 2

If you are a legal "subcontractor", paying your own taxes, you can place a lien on property, on which you have performed labor or furnished materials. If paper work is the issue, don't think so.

As a sub, you cannot collect unemployment. You would have to pay "unemployment insurance" to be eligible. Every employee who works as an employee is covered under unemployment insurance, paid by the employer.

Have you checked with the DA about the bounced checks? I'm not sure they will handle those, but you might try.

Answer 3

Yes, you can place a lien on a property if you weren't paid for the work that you did on that specific property.

Answer 4

i would sugggest legal help in your particular state. in va. a sub-contractor would put liens on the specific properties that work was performed on. hope this helps.

Answer 5

Of course you can.

Answer 6

that or sue

Answer 7

dont burn your bridges...hang in there