Building Code Administrators and Inspectors Florida Principle and Practice Licensure Practice Exam

If a claim of lien is incorrectly served, what is the likely consequence?

1. The claim becomes void.

2. The claim can still be enforced.

3. The lien will only require a correction.

4. None of the above.

The correct answer is: The claim becomes void.

In the context of lien law, proper service of a claim of lien is critical to its enforceability. When a claim of lien is incorrectly served, it means that the procedural requirements outlined in the governing statutes have not been met. This failure can lead to the claim being deemed void, meaning it lacks legal effect and cannot be enforced in court. The importance of correct service lies in the fact that it ensures all parties involved are adequately notified of the claim, allowing the property owner and any other interested parties the opportunity to respond or contest the lien. If the service is defective, the lienholder's ability to pursue their claim can be severely compromised. Thus, the likelihood that an incorrectly served claim of lien would become void aligns with standard interpretations of lien law, supporting the conclusion that the correct answer is that the claim becomes void.