Guide to filing a mechanics lien in DeWitt County

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

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

DeWitt County Courthouse
307 N Gonzales St
Cuero, TX 77954

Phone: 361-275-0864
Fax: 361-275-0866
Email: natalie.carson@co.dewitt.tx.us

Hours of Operation:
Monday thru Friday
8:00 a.m. – 5:00 p.m.
(Closed for lunch from 12:00 p.m. to 1:00 p.m.)

What is DeWitt County's Recording Backlog?

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

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

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

What are DeWitt 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 DeWitt 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 DeWitt County?

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

The DeWitt County Clerk’s payment options include: cash, check, money order or credit card. Note that a 2.85% convenience fee with a $1.00 minimum will be charged for credit card payments. Check or money order must made payable to DeWitt County Clerk.

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

The DeWitt 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, after the first five (5) names
No Heading on Top of First Page: double filing fee for that page
No Grantee Address: doublie filing fee for that page or whichever is greater
Illegible Page: double filing fee for that page
Names Not Printed Under Signatures: double filing fee for that page

Lien Fees

Federal Tax Lien: $31.00
Release of Federal Tax Lien: $31.00

Copy Fees

Plain Copies: $1.00 per page
Certified Copies: $1.00 per page plus $5.00 for certification

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

You can obtain a recorded copy of your lien in person at the DeWitt County Clerk’s Office from 8:00 a.m.-5:00 p.m. at:

DeWitt County Courthouse
307 N Gonzales St
Cuero, TX 77954

Phone: 361-275-0864
Fax: 361-275-0866

You can also contact the County Clerk’s Office Email for open records request, inquires, etc: county.clerk@co.dewitt.tx.us

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

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

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

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