Where Do I File a Lien Foreclosure Suit?

The confusion that existed prior to 1994 as to which court, county or circuit, had jurisdiction to decide a construction lien foreclosure lawsuit has been resolved. In September, 1994, the Florida Supreme Court determined that both the county and circuit courts have jurisdiction to decide lien foreclosure lawsuits; therefore, the decision as to which court to file the lien foreclosure lawsuit in is one controlled more by litigation strategy than any other factor.

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DISCLAIMER AND CAUTION: THESE MATERIALS ARE PROVIDED FOR GENERAL INFORMATIONAL PURPOSES ONLY AND ARE NOT INTENDED NOR SHOULD THEY BE CONSTRUED AS LEGAL ADVICE AS TO ANY PARTICULAR SET OF FACTS OR CIRCUMSTANCES. DUE TO THE COMPLEXITY OF THE CONSTRUCTION LIEN LAW STATUTES AND THE CASES INTERPRETING AND APPLYING THE STATUTES, IT IS RECOMMENDED THAT COMPETENT LEGAL COUNSEL BE CONSULTED IN REGARD TO ANY QUESTIONS AS TO THE APPLICABILITY OF CONSTRUCTION LIEN LAW TO ANY SET OF PARTICULAR FACTS.

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