[CLC-Discussion] Service of Claim of Lien

Tue Jul 21 06:30:30 PDT 2020

And perhaps an affidavit from the employee of the firm who loads the liens
into the envelope.

Frederick C. Barnes, Esq.

Board Certified Construction Lawyer

500 N. Maitland Ave., Suite 305

Maitland, FL 32751

(407) 865-9200

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

From: clc-discussion-bounces at lists.flabarrpptl.org
<clc-discussion-bounces at lists.flabarrpptl.org> On Behalf Of Bruce Partington
Sent: Monday, July 20, 2020 6:31 PM
To: 'Charles B. Hernicz, Esq.' <Chernicz at herniczlegal.com>;
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

And perhaps a photo of the thick envelope with the liens in it. 

Bruce Partington | Shareholder
bpartington at clarkpartington.com <mailto:bpartington at clarkpartington.com>  |
<callto:(850)%20432-1399> (850) 432-1399

CLARK PARTINGTON
Office: (850) 434-9200 | Fax: (850) 432-7340 
125 East Intendencia Street, 4th Floor 
Pensacola, Florida 32502 
 <http://clarkpartington.com/> clarkpartington.com 

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From: clc-discussion-bounces at lists.flabarrpptl.org
<mailto:clc-discussion-bounces at lists.flabarrpptl.org>
<clc-discussion-bounces at lists.flabarrpptl.org
<mailto: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 <mailto:leibyl at comcast.net> ; 'Laurie Sams'
<lauriesams at comcast.net <mailto:lauriesams at comcast.net> >;
clc-discussion at lists.flabarrpptl.org
<mailto: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 
Wellington, FL 33414 
Telephone: (561) 753-7511 

<https://link.edgepilot.com/s/713fc66a/Pna_QOe2P0Ge6uyxoFwKaA?u=http://Chern
icz at herniczlegal.com/> Chernicz at HerniczLegal.com

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From: clc-discussion-bounces at lists.flabarrpptl.org
<mailto:clc-discussion-bounces at lists.flabarrpptl.org>
<clc-discussion-bounces at lists.flabarrpptl.org
<mailto:clc-discussion-bounces at lists.flabarrpptl.org> > On Behalf Of
leibyl at comcast.net <mailto:leibyl at comcast.net> 
Sent: Monday, July 20, 2020 6:18 PM
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clc-discussion at lists.flabarrpptl.org
<mailto: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

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<mailto: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
<mailto: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

Van Winkle & Sams, P.A. 
3859 Bee Ridge Road, Suite 202
Sarasota, FL 34233
(941) 923-1685
fax (941) 923-0174
 <mailto:lauriesams at comcast.net> lauriesams at comcast.net

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