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.
As an alternative to filing an amended complaint, you could file some type
of notice indicating that the plaintiff stipulates to the amount owed being
reduced as a result of a payment to the subsub.
FREDERICK C. BARNES, ESQ.
500 North Maitland Avenue, Suite 305
Maitland, Florida 32751
Telephone: 407-865-9200
Facsimile: 407-865-9209
mailto:www.fcbarneslaw.com www.fcbarneslaw.com
From: clc-discussion-bounces@lists.flabarrpptl.org
[mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Brian
Solomon
Sent: Thursday, April 18, 2013 11:47 AM
To: clc-discussion@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.
email signature 4
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@lists.flabarrpptl.org
[mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Brian
Solomon
Sent: Thursday, April 18, 2013 11:47 AM
To: clc-discussion@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.
It can also simply be clarified in the pre-trial statement, amended answers to ROGS regarding damages, testimony at trial in support of damages, and/or in an affidavit in support of summary judgment.
I think the 57.105 motion is inappropriate if the amount was correct at the time you filed the action and it appears that it was based on your explanation below. If the settlement agreement did not require you to file an amended complaint, than the amount in the original complaint is not frivolous simply because you partially settled it during the litigation.
Sherry Lambson-Eisele, Esq.
SOUTH MILHAUSEN, P.A.
Gateway Center
1000 Legion Place, Ste. 1200
Orlando, Florida 32801
Phone: (407) 539-1638/Mobile (407)405-8801
Fax: (407) 539- 2679
Website: www.southmilhausen.comhttp://www.southmilhausen.com/
Email: sleisele@southmilhausen.commailto:sleisele@southmilhausen.com
[South Milhausen, P.A.]
CONFIDENTIALITY NOTE: This electronic message is from a law firm and it may contain confidential or privileged information intended only for the use of the individual or entity named above. If you are not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. Please reply to the sender immediately to advise of the error and then delete this transmission and any attachments.
IRS CIRCULAR 230 NOTICE: Pursuant to U.S. Treasury Department Regulations, we are required to advise you that, unless otherwise expressly indicated, any federal tax advice expressed above was neither written nor intended by the sender or this firm to be used and cannot be used by any taxpayer for the purpose of avoiding penalties that may be imposed under U.S. tax law. If any person uses or refers to any such tax advice in promoting, marketing or recommending a partnership or other entity, investment plan or arrangement to any taxpayer, then the advice should be considered to have been written to support the promotion or marketing by a person other than the sender or this firm of that transaction or matter, and such taxpayer should seek advice based on the taxpayer's particular circumstances from an independent tax advisor.
South Milhausen, P.A. is a debt collector and any information obtained will be used to effect the collection of the debt in accordance with the Fair Debt Collection Practices Act.
From: clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Fred Barnes
Sent: Thursday, April 18, 2013 12:08 PM
To: 'Brian Solomon'; clc-discussion@lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Amending lien foreclosure action
As an alternative to filing an amended complaint, you could file some type of notice indicating that the plaintiff stipulates to the amount owed being reduced as a result of a payment to the subsub.
FREDERICK C. BARNES, ESQ.
500 North Maitland Avenue, Suite 305
Maitland, Florida 32751
Telephone: 407-865-9200
Facsimile: 407-865-9209
www.fcbarneslaw.commailto:www.fcbarneslaw.com
From: clc-discussion-bounces@lists.flabarrpptl.orgmailto:clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Brian Solomon
Sent: Thursday, April 18, 2013 11:47 AM
To: clc-discussion@lists.flabarrpptl.orgmailto:clc-discussion@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.
[email signature 4]
At any rate it is a chickensh$t use of a 57.105.
Sent from my iPhone (likely dictated; please excuse any typos)
On Apr 18, 2013, at 1:07 PM, "Sherry Eisele" <sleisele@southmilhausen.commailto:sleisele@southmilhausen.com> wrote:
It can also simply be clarified in the pre-trial statement, amended answers to ROGS regarding damages, testimony at trial in support of damages, and/or in an affidavit in support of summary judgment.
I think the 57.105 motion is inappropriate if the amount was correct at the time you filed the action and it appears that it was based on your explanation below. If the settlement agreement did not require you to file an amended complaint, than the amount in the original complaint is not frivolous simply because you partially settled it during the litigation.
Sherry Lambson-Eisele, Esq.
SOUTH MILHAUSEN, P.A.
Gateway Center
1000 Legion Place, Ste. 1200
Orlando, Florida 32801
Phone: (407) 539-1638/Mobile (407)405-8801
Fax: (407) 539- 2679
Website: www.southmilhausen.comhttp://www.southmilhausen.com/
Email: sleisele@southmilhausen.commailto:sleisele@southmilhausen.com
<image002.jpg>
CONFIDENTIALITY NOTE: This electronic message is from a law firm and it may contain confidential or privileged information intended only for the use of the individual or entity named above. If you are not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. Please reply to the sender immediately to advise of the error and then delete this transmission and any attachments.
IRS CIRCULAR 230 NOTICE: Pursuant to U.S. Treasury Department Regulations, we are required to advise you that, unless otherwise expressly indicated, any federal tax advice expressed above was neither written nor intended by the sender or this firm to be used and cannot be used by any taxpayer for the purpose of avoiding penalties that may be imposed under U.S. tax law. If any person uses or refers to any such tax advice in promoting, marketing or recommending a partnership or other entity, investment plan or arrangement to any taxpayer, then the advice should be considered to have been written to support the promotion or marketing by a person other than the sender or this firm of that transaction or matter, and such taxpayer should seek advice based on the taxpayer's particular circumstances from an independent tax advisor.
South Milhausen, P.A. is a debt collector and any information obtained will be used to effect the collection of the debt in accordance with the Fair Debt Collection Practices Act.
From: clc-discussion-bounces@lists.flabarrpptl.orgmailto:clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Fred Barnes
Sent: Thursday, April 18, 2013 12:08 PM
To: 'Brian Solomon'; clc-discussion@lists.flabarrpptl.orgmailto:clc-discussion@lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Amending lien foreclosure action
As an alternative to filing an amended complaint, you could file some type of notice indicating that the plaintiff stipulates to the amount owed being reduced as a result of a payment to the subsub.
FREDERICK C. BARNES, ESQ.
500 North Maitland Avenue, Suite 305
Maitland, Florida 32751
Telephone: 407-865-9200
Facsimile: 407-865-9209
www.fcbarneslaw.commailto:www.fcbarneslaw.com
From: clc-discussion-bounces@lists.flabarrpptl.orgmailto:clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Brian Solomon
Sent: Thursday, April 18, 2013 11:47 AM
To: clc-discussion@lists.flabarrpptl.orgmailto:clc-discussion@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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