Guide to filing a mechanics lien in Comal County

If you need to record a mechanics lien with the Comal County Clerk, you most likely have strong and comprehensive lien rights. However, Texas’s lien laws are complicated, and many contractors run into problems with the Texas preliminary notice requirements. Here’s a brief rundown of those common tricky areas in Texas lien laws:

  1. The Texas preliminary notice system is confusing. If you aren’t contracted directly with the property owner, you’ll need to submit monthly, recurring preliminary notices if you want to record a lien claim. We recommend you visit our Texas Notice Guide for a complete breakdown of the process.
  2. Homesteads are treated differently than normal residences in Texas. If you don’t have a direct contract with the property owner on a homestead, it’s up to the GC to fulfill the lien prerequisites. If they can’t meet those prerequisites, you lose your right to record a lien claim.
  3. The mechanics lien and preliminary notice deadlines couldn’t be more confusing. Contractors have a decent window to file a mechanics lien, however, language like “the 15th day of the 4th month after the last month work was performed on a construction project” trips contractors up.

The best thing you can do before recording your lien claim is to make sure you understand these rules and you know which lien documents you need. Refer to our Texas Lien Law guide and FAQ to learn more.

If you’re not sure where to start, this page of frequently asked questions introduces you to the requirements for the Comal County Clerk. Here, you can find useful information about Comal County’s recording requirements, recording fees, page size and margin requirements, and contact information, as well as information on how you can easily eFile your lien with Levelset in just a few clicks.

Ore step-by-step guide to Filing A Texas Mechanics Lien outlines the entire mechanics lien claim process in all Texas Counties, so make sure you give that a look before you start the recording process.

Where is the Comal County Clerk's Office that files mechanics liens?

The Comal County Clerk has four locations where you can go and file your mechanics liens.

Main Office
150 N. Seguin Suite 101
New Braunfels, Texas 78130
Phone: 830-221-1230
Fax: 830-620-3410
Office Hours:8am – 5:00pm

Sattler Office
160 Oak Drive
Sattler, Texas 78133
Phone: 830-387-7704
Office Hours: M-F 8:00am – 4:30pm

Bulverde Office
30470 Cougar Bend
Bulverde, Texas 78163
Phone: 830-387-7620
Office Hours: Hours: M-F 8:00am – 4:30pm

County Court at Law Clerks
424 S. Castell Ave., Suite 102
New Braunfels, Texas 78130
Phone: 830-221-1240
Fax: 830-608-2021
Office Hours: M-F 8:00am – 5:00pm

What is Comal County's Recording Backlog?

The Comal County Clerk does not publicly disclose information on recording backlog.

Should my mechanics lien be filed in Comal County, or some other county?

If the project is located in Comal county, then yes, you will want to record your lien with the Comal County, Texas Clerk’s office.

What are Comal County's requirements for recording a mechanics lien?

Generally, filing a lien in Texas is one of the more difficult states. Texas has a variety of required documents being exchanged and very strict deadlines for a valid lien claim.

The Comal County, Texas requirements for recording a mechanics lien are:

1. Verify you have the right to file a valid lien. This includes having sent a monthly notice for each month labor or materials were furnished on a project. A monthly notice must be sent the second and third month for every month work is performed. This can be confusing but basically this means if you furnished labor this month, your deadline to send a two month and third month notice are two and three months from now, respectively. It’s important to keep in mind that if you perform work on the same construction job in Texas for two consecutive months you will need to have sent a total of 4 notices to retain lien rights. So if work was performed in January, your deadline would be March and April for a 2 and 3 month notice. Keep in mind it’s a little more complex if the labor or materials furnished were for a Homestead project.

2. Draft your Texas affidavit of lien form (mechanics lien claim) for your specific role on the job. The forms are different for general contractors vs. subcontractors so make sure you use the correct form. Not doing so could invalidate your lien claim! Make sure all required fields are completed and call the county Clerk if you have questions about specific required fields. Again, submitting a mechanics lien claim in Texas not completed correctly could lead to an invalid claim returned to you, potentially leading to a missed lien deadline. Be sure to include other relevant attachments as well.

3. File your lien claim with the County Clerk’s office where work was performed.

4. Send a copy of your lien claim to the Property Owner and General Contractor (if you were a second-tier contractor or supplier). This is important as sending a copy of the lien may expedite payment as the Property Owner or General Contractor may not learn a lien was filed on the property if not contacted.

To learn more about filing your lien claim and other requirements, learn more from our How to File a Texas Mechanics Lien Step by Step Guide.

What are the margin & page size requirements to file a lien in Comal County?

The margin requirements for filing a lien in Comal County are 2 inch margins at the top of the first page with .5 margins on all other sides. All other pages must have .5 inch margins on all sides. Your lien claim should be filed on Letter size 8.5 x 11 inch paper. Not following these margin and paper size requirements may invalidate your lien claim.

How can I make payment to the Comal County Clerk?

The Comal County Clerk accepts credit card payments.

What are the filing fees to record a mechanics lien in Comal County?

The Comal County Clerk’s recording fee is $26.00 for the first page and $4.00 for each additional page.

Additional Recording Fees

Indexing fee: $0.25 for each indexed name in excess of five (5) names
Grantee mailing address omitted penalty: $25.00
Nonconforming document first page penalty: $5.00
Nonconforming document second page penalty: 4.00

Lien Fees

State Tax Lien or State Tax Lien Release: $26.00
Federal Tax Lien or Federal Tax Lien Release: $31.00
Each additional page: $4.00

Copy Fees

Recorded Copy: $1.00
Certification: $5.00 additional fee per document

How do I get a recorded copy of my lien from Comal County Clerk's Office?

You can obtain a recorded copy of your lien in person, by mail, or by e-mail.

In Person

You can visit any of the the Comal County Clerk’s office locations below:

Main Office
150 N. Seguin Suite 101
New Braunfels, Texas 78130
Phone: 830-221-1230
Fax: 830-620-3410
Office Hours: 8am – 5:00pm

Sattler Office
160 Oak Drive
Sattler, Texas 78133
Phone: 830-387-7704
Office Hours: M-F 8:00am – 4:30pm

Bulverde Office
30470 Cougar Bend
Bulverde, Texas 78163
Phone: 830-387-7620
Office Hours: Hours: M-F 8:00am – 4:30pm

County Court at Law Clerks
424 S. Castell Ave., Suite 102
New Braunfels, Texas 78130
Phone: 830-221-1240
Fax: 830-608-2021
Office Hours: M-F 8:00am – 5:00pm

By Mail

You can submit a request to the County Clerk’s office. You need to fill out the request form. Make sure to be as specific as possible and give any and all information you may have. There is also a credit card application that will need to be filled out and signed.

You can mail it to the County Clerk’ss main office at:

Research Department
150 N Seguin, Ste 101
New Braunfels, Texas 78155

By E-mail

When sending in your request form make sure to include a photocopy of a state issued ID. You can email your record request to CCKRequest@co.comal.tx.us

To obtain a copy of documents it is just a $1.00 per page and $5.00 per document for certification, if applicable. With the use of a credit card there is an additional 3% charge, with a minimum of a $1.00 charge.

You can also search Comal County Real Property Records and purchase images of documents online at https://comal.landrecordsonline.com/

You can view records dating back to the early 1800’s.

Do I have the right to file a mechanics lien in Comal, Texas?

Determining if you have the right to file a lien in Comal County, Texas can be complicated. Texas has one of the most complex lien laws in the U.S. and filing a lien in Comal is no different. Generally, construction contractors who

1) furnish labor or materials

2) send all required documents before filing a lien, such as monthly notices

3) if a homestead, have a proper written contract

4) and meet any state deadlines and fees for your lien claim.

You can learn more about Mechanics Liens in Texas and more specific requirements for filing a lien overall in our step by step guide.

Do I have to send a monthly notice to file a lien in Comal County, Texas?

Yes, you will need to have sent a Texas Preliminary Notice (monthly notices) to be able to file a lien in Comal County, TX. Not sending the correct Texas Monthly Notice may result in an invalid lien claim at the time of filing with the Comal County Clerk / Assessor.

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