[CLC-Discussion] Amending lien foreclosure action

Thu Apr 18 09:45:49 PDT 2013

Brian:

I would start by sending the opposing counsel a letter acknowledging
that your client will reduce its claim by the amount paid. If that
doesn't solve the problem then I think the opposing party needs to amend
his defenses to add the defense of payment.  

Amending the pleading doesn't amend the lien.

  Raymond L. Robinson, Esq.

  Office: (305) 662-7618 

  Cell: (305) 632-4384

  http://www.rrobinsonlaw.com/ <http://www.rrobinsonlaw.com/>   

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From: clc-discussion-bounces at lists.flabarrpptl.org
[mailto:clc-discussion-bounces at lists.flabarrpptl.org] On Behalf Of Brian
Solomon
Sent: Thursday, April 18, 2013 11:47 AM
To: clc-discussion at lists.flabarrpptl.org
Subject: [CLC-Discussion] Amending lien foreclosure action

I have a subcontractor who filed a lien which included amounts for one
of his subcontractors.  The subsub also filed a lien and a lien
foreclosure action was filed by the subcontractor with his subsub
joining in.  A settlement was reached for the subsub to be paid.  My
client filed a partial satisfaction based on the settlement.  

Is anyone aware of a requirement that in addition to recording a partial
satisfaction, that I must now amend the complaint to reflect the reduced
amount of the lien?   I received a 57.105 letter.  I have researched the
issue and haven't found anything specific.

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