[CLC-Discussion] Service of Claim of Lien

Mon Jul 20 15:43:44 PDT 2020

To be on the safe side, I would send them separately.  That eliminates the
possibility of a service issue.  All of the suggestions are good.  If you
have an email address for the recipient,  it may be safe to send them as a
group and fax them as individual emails with the registered mail number on
each letter.

ed

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On Mon, Jul 20, 2020 at 6:39 PM Bruce Partington <
bpartington at clarkpartington.com> wrote:

> And perhaps a photo of the thick envelope with the liens in it.
>
>
>
>
> *Bruce Partington | Shareholder *bpartington at clarkpartington.com | (850)
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> *From:* clc-discussion-bounces at lists.flabarrpptl.org <
> clc-discussion-bounces at lists.flabarrpptl.org> *On Behalf Of *Charles B.
> Hernicz, Esq.
> *Sent:* Monday, July 20, 2020 5:27 PM
> *To:* leibyl at comcast.net; 'Laurie Sams' <lauriesams at comcast.net>;
> clc-discussion at lists.flabarrpptl.org
> *Subject:* Re: [CLC-Discussion] Service of Claim of Lien
>
>
>
> The risk is reduced by a cover letter that lists all the enclosures
> included and an electronic copy (pdf) of the cover letter and enclosures is
> kept with proof of service.
>
>
>
>
>
> Charles B. Hernicz, Esq.
>
> *Board Certified in Construction Law by The Florida Bar          *
>
> Hernicz Legal Services, P.L.
> 1460 Wood Row Way
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> *From:* clc-discussion-bounces at lists.flabarrpptl.org <
> clc-discussion-bounces at lists.flabarrpptl.org> *On Behalf Of *
> leibyl at comcast.net
> *Sent:* Monday, July 20, 2020 6:18 PM
> *To:* 'Laurie Sams' <lauriesams at comcast.net>;
> clc-discussion at lists.flabarrpptl.org
> *Subject:* Re: [CLC-Discussion] Service of Claim of Lien
>
>
>
> I read no requirement to have a separate envelope for each lien.  If there
> is competent testimony about what the envelope included, I think you are
> OK.  On the other hand, you avoid a fact issue of the other side saying
> that a particular lien or liens was/were not included.  Although they could
> still argue that the envelope was empty.  The likelihood of selling the
> empty envelope argument will be tough when one side says I put it/them in
> there and mailed it, and the other side says that it was not there.  Still
> a fact issue.
>
>
>
> Best,
>
>
>
> Larry Leiby
>
>
>
> *From:* clc-discussion-bounces at lists.flabarrpptl.org <
> clc-discussion-bounces at lists.flabarrpptl.org> *On Behalf Of *Laurie Sams
> *Sent:* Monday, July 20, 2020 5:37 PM
> *To:* clc-discussion at lists.flabarrpptl.org
> *Subject:* [CLC-Discussion] Service of Claim of Lien
>
>
>
> Does service of the Claim of Lien under 713.08/713.18 have to be in a
> separate envelope for each lien?.  I have a situation where I need to serve
> a dozen liens on a developer and wanted to know if I could avoid the
> unnecessary time and cost of doing them individually.
>
>
>
> Laurie B. Sams
>
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