Guide to filing a mechanics lien in Guadalupe County

If you need to file a mechanics lien in Guadalupe County, you’re in the right place. This page introduces you to some of Texas’s most confusing lien laws and the Guadalupe County Clerk’s own recording requirements.

It’s no secret that Texas lien law can be confusing. Here are two major issues that contractors have in Texas: 

  • The majority of confusion comes from the Texas preliminary notice requirements. If you aren’t contracted with the property owner, you have to send several monthly preliminary notices to protect your lien rights. On top of that, each notice is different, and each one needs to be sent at the right time during the construction project.
  • Lien claimants in Texas also have issues with the preliminary notice deadlines and mechanics lien deadlines. The language surrounding these deadlines is convoluted, and lien claimants generally have until the 15th day of the fourth month after the last month that work or services were furnished to record their lien claims. Learn more about this here.

Texas lien law is seriously tricky, and there’s no such thing as too much research when preparing your lien claim. See our complete overview of Texas lien laws on our Texas lien law FAQ page.

Recording your mechanics lien in Gonzales County is a much simpler process. The rest of this page is dedicated to the Gonzales County Clerk, bringing you information regarding the Clerk’s recording requirements, recording fees, contact information, and more. Along with that, you can eFile your lien with Levelset in a few clicks.

Our step-by-step guide to Filing A Texas Mechanics Lien covers the entire lien claim process, and it compiles the lien documents you’ll need to record your lien successfully.

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

The Guadalupe County Clerk has two locations where you can go to file your mechanics liens.

You can visit any of the following locations:

Main Office
211 W. Court Street
Seguin, Texas 78155
(830) 303-4188, EXT. 1239
Monday – Friday
Office Hours: 8:00 a.m. – 4:30 p.m.

Schertz Satellite Office
1101 Elbel Rd.
Schertz, Texas 78154

Monday – Friday
Office Hours: 8:00 a.m. – 4:30 p.m.
Closed 1 hour for lunch
210-945-9708 Ext 1236

What is Guadalupe County's Recording Backlog?

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

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

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

What are Guadalupe 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 Guadalupe 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 Guadalupe County?

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

The Guadalupe County Clerk accepts checks and money orders. They should be made payable to “Guadalupe County Clerk”. Checks must include the maker’s date of birth and driver’s license number.

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

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

Lien Fees

Federal Tax Lien/Release: $31.00
State Tax Lien/Release: $16.00 for the first page (filed by state agency) and $4.00 for each additional page

$26.00 for the first page (all others) and $4.00 for each additional page

Hospital Lien/Release: $26.00

Copy Fees

Copies of Records: $1.00 per page
Certification of Copies: $5.00 each

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

You can obtain a recorded copy of your lien in person at any of the Guadalupe County Clerk’s two office locations at the following addresses:

Main Office
211 W. Court Street
Seguin, Texas 78155
(830) 303-4188, EXT. 1239
Monday – Friday
Office Hours: 8:00 a.m. – 4:30 p.m.

Schertz Satellite Office
1101 Elbel Rd.
Schertz, Texas 78154

Monday – Friday
Office Hours: 8:00 a.m. – 4:30 p.m.
Closed 1 hour for lunch
Phone: 210-945-9708 Ext 1236

To request for public information/copies, you need to fill out an information request form available here
http://www.co.guadalupe.tx.us/coclerk/pdfs/Information_Request_Form.pdf/

Fees must be paid before request will be processed and/or copy(s) will be issued. Do not send cash through the mail. Checks and money orders should be made payable to “Guadalupe County Clerk.” Providing a self-addressed, stamped envelope will help expedite your order. Send completed application with proof of identification and appropriate fees to:

TERESA KIEL
Guadalupe County Clerk, 211 West Court Street
Seguin TX 78156-0990

The County Clerk’s fees are as follows:

Copy Fee: $1.00 per page P
Certified Copy: $5.00 (each)
Federal Tax Lien Copy Fee: $1.50
Certificate of Federal Tax Lien Filing: $10.00

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

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

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

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