Guide to filing a mechanics lien in Cooke County

Where is the Cooke County Recorder's Office that files mechanics liens?

You can file your mechanics liens in person at the Cooke County Clerk’s Office located at:

Cooke County Courthouse

101 South Dixon, Room 108
Gainesville, Texas 76240
Phone: (940) 668-5500

Hours of operation
8:00 a.m. – 5:00 p.m.

The County Clerk’s office is open during the lunch hour.

What is Cooke County's Recording Backlog?

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

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

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

What are Cooke 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 Cooke 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 recorder 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 Recorder’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 Cooke County?

The margin requirements for filing a lien in Cooke 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 Cooke County Recorder?

The Cooke County Clerk’s Office accepts MasterCard, Visa, Discover, and American Express credit card payments. Note that personal checks are not accepted.

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

The Cooke County Clerk’s recording fee is $30.00 for the first page and $4.00 for each additional page.

Additional Recording Fees

Indexing Fee: $0.25 for each name to be indexed, in excess of 5

Lien Fees

State Tax Lens and Releases: $16.00

Federal Tax Liens and Releases: $21.00

Copy Fees

Xerox Copies of records: $1.00 per page

Certification: $5.00

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

You can obtain a recorded copy of your lien in person at the Cooke County Clerk’s office located at the following address from 8:00 a.m. – 5:00 p.m.:

101 South Dixon, Room 108
Gainesville, Texas 76240

Most official public records are open for the public to make their own searches.

You can also search Cooke County’s Real Property Official Records online at Texas Land Records.

It’s free to search the indexed Real Property records. However, there is a charge to view or print the documents online.

You can contact or visit the County Clerks office for a certified copy of a document. Note that copies printed on-line cannot be certified by the County Clerk.

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

Determining if you have the right to file a lien in Cooke County, Texas can be complicated. Texas has one of the most complex lien laws in the U.S. and filing a lien in Cooke 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 Cooke County,Texas?

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