How can I contest a lien? Are there fees to file a contest of lien and, if so, what are they?
An owner has a right to file a Notice of Contest of Lien during the one-year period. Upon the filing of a Notice of Contest of Lien, a lienor must file a lawsuit to enforce the lien within 60 days. Failure of the lienor to timely file a lawsuit renders the lien invalid.
Under Florida law, filing a statutory Notice of Contest of Lien can defend property against a lien. See 713.22 Fla. Stat (2016).
Depending on the type of lien you have the fees are variable:
For liens recorded in official records - unrelated to child support:
Recording fees are $10.00 for the first page + $8.50 for each additional page., Indexing fee $1.00 per name over 4 names, copy fee of $1.00 per pg., certificate fee of $7.00 (for certificate of mailing), and the certified mailing fee. The clerk's office will mail a certified copy of your contest of lien to the lienor via certified mail, return signature request. A non-certified copy will be provided to you via US mail or email if applicable. This process may shorten the amount of time the lien will be applied against you.
- The notice cannot be e-filed / must be mailed in or hand delivered
- Certified mailing / postage fee as applicable (based on current USPS rates)
- The Clerk's office does not supply forms for this process
The Clerk’s office will mail a notice to the lien claimant. The lien claimant then has 60 days in which to file a suit to enforce said lien. If they fail to do so, the lien will automatically be extinguished. If you have further questions, you may review F.S. 713.22.
Family Services (Child Support): Please contact domestic relations at 850-689-5000 ext. 3390