Owner person or entity?

This document prepared by and returned to:
{{person_signing.toUpperCase()}}
{{lienor_street.toUpperCase()}}
{{lienor_city_state_zip.toUpperCase()}}

WARNING! THIS LEGAL DOCUMENT REFLECTS THAT A CONSTRUCTION LIEN HAS BEEN PLACED ON THE REAL PROPERTY LISTED HEREIN. UNLESS THE OWNER OF SUCH PROPERTY TAKES ACTION TO SHORTEN THE TIME PERIOD, THIS LIEN MAY REMAIN VALID FOR ONE YEAR FROM THE DATE OF RECORDING, AND SHALL EXPIRE AND BECOME NULL AND VOID THEREAFTER UNLESS LEGAL PROCEEDINGS HAVE BEEN COMMENCED TO FORECLOSE OR TO DISCHARGE THIS LIEN.

CLAIM OF LIEN

State of ____________________ (state where signed)
County of ___________________ (county where signed)

{{tab()}}Before me, the undersigned notary public, personally appeared {{person_signing.toUpperCase()}}, who was duly sworn and says that she or he is the lienor or agent of the lienor herein, whose address is {{lienor_street.toUpperCase()}}, {{lienor_city_state_zip.toUpperCase()}}; and that in accordance with a contract with {{customer_name.toUpperCase()}}, lienor furnished labor, services, or materials consisting of {{work_description.toUpperCase()}} on the following described real property in {{property_county.toUpperCase()}} County, Florida:

{{property_address.toUpperCase()}}
{{legal_description.toUpperCase()}}

owned by {{owner_name.toUpperCase()}} of a total value of {{format_dollar(total_value)}}, of which there remains unpaid {{format_dollar(unpaid_balance)}}, and furnished the first of the items on {{format_date(first_date).toUpperCase()}}, and the last of the items on {{format_date(last_date).toUpperCase()}}. The lienor served her or his notice to owner on {{format_date(nto_owner_date).toUpperCase()}}. The lienor served copies of the notice on the contractor on {{format_date(nto_contractor_date).toUpperCase()}}. The lienor served copies of the notice on the subcontractor on {{format_date(nto_subcontractor_date).toUpperCase()}}.

{{tab()}}{{company_name.toUpperCase()}}

{{tab()}}By: ______________________________
{{tab()}}Print: {{person_signing.toUpperCase()}}
{{tab()}}Title: {{person_signing_title.toUpperCase()}}

{{tab()}}The foregoing instrument was acknowledged before me by means of ☐ physical presence or sworn to (or affirmed) by ☐ online notarization this ___ day of _____________, 20___, by {{person_signing.toUpperCase()}} who is personally known to me, or has produced _________________ as identification.

{{big_tab()}}Signature:
{{big_tab()}}Printed Name:
{{big_tab()}}NOTARY PUBLIC, STATE OF _______________
{{big_tab()}}Commission Expiration Date:

{{current_date()}}

via Regular U.S. Mail
and Certified Mail, Return
Receipt Requested to:
#### Certified No. ####
{{owner_name.toUpperCase()}}
{{owner_street.toUpperCase()}}
{{owner_city_state_zip.toUpperCase()}}

{{tab()}}Re: Demand for Payment - Claim of Lien

Dear Sir/Madam,

{{tab()}}Please be advised that this law firm represents {{company_name.toUpperCase()}} in regards to {{customer_name.toUpperCase()}}'s failure to pay its outstanding balance for materials and labor furnished by {{remove_period(company_name).toUpperCase()}}.{{remove_period(company_name).toUpperCase()}}. This letter is an attempt to collect a debt. As such, additional information regarding your rights under the Fair Debt Collection Practices Act is included in the attachment.

{{tab()}}{{company_name.toUpperCase()}} provided labor, services, and materials generally consisting of {{work_description.toUpperCase()}} for the construction improvement of real property located at {{property_address.toUpperCase()}}. At present, there is a principal unpaid balance of {{format_dollar(unpaid_balance)}} due and owing for that work. {{company_name.toUpperCase()}} has incurred {{format_dollar(legal_fees)}} in attorney's fees in its attempt to collect this debt, for which you are liable.

{{tab()}}Demand is made for payment of the full amount due of {{format_dollar(Number(unpaid_balance) + Number(legal_fees))}} within ten (10)thirty (30) days of the date of this letter. Please find enclosed a copy of the Claim of Lien that has been submitted to the County Clerk of Court for recording against the property.

{{tab()}}In the event that payment in full is not made, our client has instructed us to take all necessary actions to affect payment of the amount due. This may include filing a lawsuit for foreclosure of the property. If this should occur, you will be held liable for additional interest charges, as well as my client's court costs and attorney's fees.

{{tab()}}PLEASE GOVERN YOURSELF ACCORDINGLY.

{{big_tab()}}Very truly yours,

{{big_tab()}}Raphael D. Rashkin, Esq.

Enclosure

cc: {{company_name.toUpperCase()}} (via email)
{{customer_name.toUpperCase() + ', ' + customer_address.toUpperCase()}}

NOTIFICATION UNDER
FAIR DEBT COLLECTION PRACTICES ACT
15 USC 1692, AS AMENDED

  1. The amount of the debt is described in the letter attached hereto.
  2. The creditor is named in the Complaint or letter attached hereto.
  3. Unless the consumer, within thirty (30) days after the receipt of this notice, disputes the validity of the debt or any portion thereof, the debt will be assumed to be valid by the creditor's collection firm.
  4. If the consumer notifies the creditor's collection firm in writing within the thirty (30) day period that the debt or any portion thereof is disputed, the creditor's collection firm will obtain verification of the debt or a copy of a judgment against the consumer, and a copy of such verification or judgment will be mailed to the consumer by the creditor's collection firm.
  5. Upon the consumer's written request within the thirty (30) day period, the creditor's collection firm will provide the consumer with the name and address of the original creditor, if different from the current creditor.
    a. If the consumer notifies the creditor's collection firm in writing within the thirty (30) day period described in section three (3) that the debt or any portion thereof is disputed or that the consumer requests the name and address of the original creditor, the creditor's collection firm shall cease collection of the debt or any disputed portion thereof until the creditor's collection firm obtains verification of the debt, a copy of the judgment, or the name and address of the original creditor is mailed to the consumer by the creditor's collection firm.
    b. The failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer.
  6. THIS IS AN ATTEMPT TO COLLECT A DEBT BY A DEBT COLLECTOR, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
  7. Written requests should be addressed to:

    Raphael D. Rashkin, Esq.
    Rashkin Law, PLLC
    12191 W. Linebaugh Ave. #676
    Tampa, Florida 33626