Guide to filing a mechanics lien in Hays County

Slow payment and non-payment run rampant in the construction industry today. If you’re facing slow payment after a construction project in Hays County, filing a mechanics lien with the Hays County Clerk is a sure-fire way to get things moving again. This page introduces you to a few of Texas’s most confusing lien laws, as well as compiles the Hays County Clerk’s recording requirements, formatting requirements, recording fees, and much more.

  • First of all, the preliminary notice requirements in Texas are a major pain point for contractors. To summarize, contractors who aren’t directly contracted with the property owner are required to send multiple types of notices on a monthly basis. Failure to submit these recurring monthly preliminary notices could cost you your lien rights.
  • Second of all, the language surrounding those deadlines for preliminary notices and mechanics liens is enough to make your head spin. Wording like “the 15th day of the fourth month after the last month work was furnished” is confusing enough, and the fact that those deadlines don’t apply to every situation complicates matters even more. These can be seriously tricky, so learn more about these rules on our Texas Lien Law FAQ page.

When it’s time to record your lien claim with the Hays County Clerk, you’ll be presented with a whole different set of regulations. You can find a list of frequently asked questions below that provide you with the information you need to record your lien claim right the first time, helping you avoid time-costing delays and mistakes. You can also find out how you can eFile your mechanics lien in Hays County with Levelset in just a few clicks.

If you’re looking for a complete breakdown of the mechanics lien process in Texas, check out our step-by-step guide to Filing A Texas Mechanics Lien.

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

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

712 S. Stagecoach Trail
San Marcos, Texas 78666

Phone:
(512) 393-7330

Fax:
(512) 393-7735

Email:
ccsearches@co.hays.tx.us
Days & Hours: Mon. – Fri. from 8AM – 4:30 PM
Wednesdays ONLY 8AM-6PM

What is Hays County's Recording Backlog?

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

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

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

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

All documents submitted for recording must comply with the Hays County Clerk’s recording requirements.

Every document must have: (1) a heading at the top of the first page to identify the type of legal paper, (2) names typed or printed under signatures, (3) signatures must be notarized, and (4) contain an address for the grantee.

Documents not meeting these requirements may be rejected or charged double the recording fees as set out by statute.

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

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

The Hays County Clerk’s payment options include: credit and debit cards, checks, and cash–exact amount only.

The County Clerk are now accepting MASTERCARD & VISA credit card payments for services in the office and online.

If you are paying online, you will need to contact the office by telephone at 512-393-7738 to let the County Clerk knows you are making a payment or to get a quote on cost for services.

Then you will go to www.certifiedpayments.net and enter BUREAU CODE 6230101 for the Courts Division and BUREAU CODE 5925183 for the Property Records Division.

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

The Hays 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 additional name (after first 5) to be indexed

State Tax Liens (exempt from Archive Fee): $16.00 for the first page and
$4.00 for each additional page

Federal Tax Liens: $31.00 for the first page and $4.00 for each additional page

Copy Fees

Plain Copy: $1.00 per page
Certified Copy: $1.00 per page plus $5.00 for certification per document

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

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

712 S. Stagecoach Trail
San Marcos, Texas 78666

Phone:
(512) 393-7330

Fax:
(512) 393-7735

Email:
ccsearches@co.hays.tx.us

Days & Hours: Mon. – Fri. from 8AM – 4:30 PM
Wednesdays ONLY 8AM-6PM

You can search Hays County Clerk’s Official Public Records online at https://erss.co.hays.tx.us/web/search/DOCSEARCH149S1/

Copy Fees

Plain Copy: $1.00 per page
Certified Copy: $1.00 per page plus $5.00 for certification per document

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

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

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

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