Guide to filing a mechanics lien in Montgomery County

If the project took place in Montgomery County, then you’ll have to file your mechanics lien with the Montgomery County Clerk. Montgomery is one of the biggest counties in Texas, meaning public offices may be busier and wait times may be longer. To avoid any more unnecessary delays, you need to make sure you meet all the prerequisites, include all the necessary information, and format your lien claim correctly.

On top of that, certain areas of Texas lien law can be confusing, and many first-time filers run into issues that prolong the process. For example, the Texas preliminary notice scheme is the source of a lot of confusion. In broad strokes, if you don’t have a direct contract with the owner, you need to send multiple different types of notices, and each one must be sent at the right time. Failure to do this could mean the loss of your lien rights. Additionally, the wording surrounding deadlines is confusing as well. The standard timeframe of the 15th day of the fourth month after the last month that work or services were furnished doesn’t always apply. Find out more about this here.

Although Texas lien law is tricky, recording your lien usually isn’t. This page introduces you to the Montgomery County Clerk. It includes information about the Montgomery County Clerk’s recording requirements, formatting requirements, recording and copy fees, and contact information, as well as details on how you can eRecord your lien in Montgomery County or quickly eFile your lien with Levelset.

Refer to our step-by-step guide to Filing A Texas Mechanics Lien if you’re looking for detailed information about the process itself.

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

You can file your mechanics liens in person at either of the following Montgomery County Clerk office locations listed below:

Main Office
210 West Davis (Hwy 105)
Conroe, TX 77301

Info: 936-539-7885
Fax: 936-760-6990 (Courts)
Fax: 936-760-6927 (Records)

Hours: 8 a.m. to 5 p.m.
Monday through Friday

East County Annex
21130 Highway 59
New Caney, TX 77357

Info: 281-577-8976
Fax: 936-538-8953

Tuesday and Thursday
Hours 8:30 a.m. to 4:30 p.m.
Closed 12-1 for lunch

South County Annex
1520 Lake Front Circle
The Woodlands, TX 77380

Info: 281-364-4241
Fax: 936-788-8356

Monday, Wednesday and Friday
Hours: 8:30 a.m. to 4:30 p.m.
Closed 12-1 for lunch

You can also submit your documents through e-recording.

What is Montgomery County's Recording Backlog?

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

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

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

What are Montgomery 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 Montgomery 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 Montgomery County?

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

The Montgomery County Clerk accepts checks for filing fees. Checks should may be made payable to: Montgomery County Clerk.

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

The Montgomery Clerk’s recording fee is $11.00 for the first page and $4.00 for each additional page.

Additional Recording Fees

Indexing Fee: $0.25 per name to be indexed in excess of 5 name

Lien Fees

Federal Tax Lien or Release of Federal Tax Lien: $16.00

Copy Fees

Non-Certified Copies: $1.00
Certification of Copies: $5.00

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

You can obtain a recorded copy of your lien in person at either of the following Montgomery County Clerk office locations listed below:

Main Office
210 West Davis (Hwy 105)
Conroe, TX 77301

Info: 936-539-7885
Fax: 936-760-6990 (Courts)
Fax: 936-760-6927 (Records)

Hours: 8 a.m. to 5 p.m.
Monday through Friday

East County Annex
21130 Highway 59
New Caney, TX 77357

Info: 281-577-8976
Fax: 936-538-8953

Tuesday and Thursday
Hours 8:30 a.m. to 4:30 p.m.
Closed 12-1 for lunch

South County Annex
1520 Lake Front Circle
The Woodlands, TX 77380

Info: 281-364-4241
Fax: 936-788-8356

Monday, Wednesday and Friday
Hours: 8:30 a.m. to 4:30 p.m.
Closed 12-1 for lunch

You can also search Montgomery County Clerk’s Official Public Records online at: https://gov.kofiletech.us/tx-montgomery/

The document images can be printed and downloaded free of charge.

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

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

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

Top Payment Experts & Services in Montgomery to help you File Your Texas Mechanics Lien.

Featured Lien Filing Service
Lien Filing Service
Learn Who are the Fast Paying and Slow Paying Contractors in Texas
Modular Power Solutions
Rating 5.0
A
Payment Score
85 / 100
View
Legoland California L C
Rating 5.0
C
Payment Score
73 / 100
View
CRB Construction
Rating 5.0
C
Payment Score
75 / 100
View
EEC Environmental
Rating 5.0
B
Payment Score
81 / 100
View
See other Lists of Contractors and How to Best Work With Them