[CLC-Discussion] Quick Question Regarding F.S. 713.18

[jack at wclfirm.com]

Adam,

For the "refused," "moved, not forwardable," or "unclaimed" exception to the
delivery  requirement to apply the NTO had to be mailed within 40 days of
the start date and the return has to be "through no fault of the person
serving the item".

 

You would have to make sure that these were satisfied. 

 

Thank you,

Jack 

 


Jack Taylor, Esq.
Attorney                                  

 


Williams Law Firm 
212 W. Bay Ave

Longwood, FL 32750
Telephone: 407-926-4100

 

 <mailto:gtwlaw at ymail.com> Jack at WCLfirm.com

 <http://www.wclfirm.com/> www.WCLFirm.com



 


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a case, this is an attempt to collect a debt. Any communication obtained may
be used for that purpose.

 

 

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From: clc-discussion-bounces at lists.flabarrpptl.org
<clc-discussion-bounces at lists.flabarrpptl.org> On Behalf Of Adam C.
Linkhorst
Sent: Monday, August 5, 2019 4:26 PM
To: clc-discussion at lists.flabarrpptl.org
Subject: [CLC-Discussion] Quick Question Regarding F.S. 713.18

 

Quick question regarding service under F.S. 713.18:

 

Last week we had a judge rule on summary judgment that a Notice to Owner
which was mailed via certified mail to the address listed in the Notice of
Commencement and which was returned as "undeliverable" was ineffective and
that the subcontractor was then required to try to either obtain personal
service or post the NTO on site for there to be effective service.  Based
upon a plain reading of the statute I think the judge erred, but there is a
dearth of cases on this issue.  Any suggestions are appreciated.

 

Thanks, Adam

 

Adam C. Linkhorst, Esq.

Linkhorst & Hockin, P.A.

4495 Military Trail, Suite 106

Jupiter, FL  33458

Email:   <mailto:acl at FloridaHardhatLaw.com> acl at FloridaHardhatLaw.com

Tel.   561.626.8880 / Cell.  954.562.9199

Fax.  561.626.8885

Website:   <http://www.floridahardhatlaw.com/> www.Floridahardhatlaw.com

 

Board Certified by the Florida Bar in Construction Law

AVRPreeminent Peer Review Rated by Martindale-Hubbell  

 

  



 

 

 

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