In Florida, a hospital can secure a judgment against you for unpaid medical bills, but they cannot force the sale of your primary residence due to the Homestead Exemption law. However, they can place a lien on your property, which may need to be addressed if you wish to sell or refinance your home.
Even though sending a Notice of Intent to Lien is an optional (not required) step in the state of Florida, they are frequently successful at producing payment (without having to take the next step of filing a lien).
In Florida, a hospital can secure a judgment against you for unpaid medical bills, but they cannot force the sale of your primary residence due to the Homestead Exemption law. However, they can place a lien on your property, which may need to be addressed if you wish to sell or refinance your home.
Section 713.08 of the Florida Statutes, provides the proper form and specific requirements to complete the claim of lien document such as: name and address of lienor, statement of labor and materials provided, description of the property, name of property owner, lien amount, proof of service and the proper warning to ...
To establish a lien, your healthcare provider must first provide the medical services that the lien will cover. Before or within six months of your discharge, your healthcare provider must also file a lien with the Clerk of the Circuit Court in Duval County.
In Florida, a hospital can secure a judgment against you for unpaid medical bills, but they cannot force the sale of your primary residence due to the Homestead Exemption law. However, they can place a lien on your property, which may need to be addressed if you wish to sell or refinance your home.
Filing a Florida mechanics lien is a fairly simple process. This involves filling out the proper Claim of Lien form, serving a copy of the lien to the property owner, and filing the claim in the county recorder's office where the property is located.
The lien is good for 10 years, but the creditor can renew the judgment before it expires for another 10 years, meaning the lien will survive for a maximum of 20 years. The good news is that because of Florida's homestead protections, a judgment lien cannot attach to homestead property.
Prior to filing a lien, a lienor who does not have a direct contract with the owner, must serve the owner with a Notice to Owner. The Notice to Owner must state the lienor's name and address, and a description of the real property and the nature of the services or materials being furnished.