Guide to filing a mechanics lien in Gonzales County

If you’re facing non-payment or slow payment in Gonzales County, filing a mechanics lien with the Gonzales County Clerk is one of your best options to free up the money you’re owed. Texas contractors have comprehensive lien rights under Texas lien law; however, those same laws can be confusing, and many contractors get tripped up along the way. To help you avoid those mistakes, this page outlines the basics of the Texas preliminary notice requirements and the rules for the Gonzales County Clerk as well.

  • The preliminary notice requirements in Texas cause the most problems for lien claimants. In essence, lien claimants need to send multiple different types of notices, and each one must be sent at the right time throughout the construction project. Failure to do this could mean you lose your lien rights.
  • To complicate things even further, the deadlines for preliminary notices and mechanics liens aren’t so cut-and-dry. Under normal circumstances, lien claimants have until the 15th day of the fourth month after the last month that work or services were furnished for the construction project. Read more about this here.

After you navigate Texas’s lien laws, you’ll be pleased to know that recording your lien with the Gonzales County Clerk is a much simpler process. Below is a list of frequently asked questions that helps you orient yourself with Gonzales County’s recording requirements, recording fees, formatting standards, and other useful information. You can also find out how to eFile your lien with Levelset in minutes.

If you’re looking for a comprehensive guide to filing a mechanics lien in Texas or the lien documents you need to file a mechanics lien, visit our step-by-step guide.

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

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

427 St. George, Ste. #200
Gonzales, Texas 78629

Phone: 830-672-2801
Fax: 830-672-2636

What is Gonzales County's Recording Backlog?

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

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

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

What are Gonzales 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 Gonzales 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 Gonzales County?

The margin requirements for filing a lien in Gonzales 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 Gonzales County Clerk?

You can make payment to the Gonzales County Clerk when submitting your lien to the office. The Gonzales County Clerk accepts cash, check, Visa, Discover, and MasterCard.

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

The Gonzales County Clerk’s recording fee is $16.00 for the first page and $4.00 for each additional page.

Additional Recording Fees

Indexing Fee: $0.25 for each name in exces of five names to be indexed

Posting Notices: $2.00

Copy Fees

Copies: $1.00 per page or part of a page
Certification Fee: $5.00

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

You can obtain a recorded copy of your lien in person at the Gonzales County Clerk’s office located at:

427 St. George, Ste. #200
Gonzales, Texas 78629

Phone: 830-672-2801
Fax: 830-672-2636

Copy fees are as follows:

Copies: $1.00 per page or part of a page
Certification Fee: $5.00

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

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

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

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