Menu
Home>Levelset Community>Legal Help>after filing mechanic liens

after filing mechanic liens

TexasMechanics Lien

Hi, i already filed a mechanic lien on the only case under my levelset account and i didn't succeed to collect the balance from to my customer. - what is the next step to do? - anything we can send to the mortgage company to force the client to pay the balance?

2 replies

Feb 21, 2021
Filing a mechanic's lien (properly) is but a step toward confirming an encumbrance against real property. The next step would be to file suit to confirm the lien. Retain a construction attorney to evaluate your situation, and to provide advice. Good luck.
0 people found this helpful
Helpful
Feb 23, 2021

Hello,

Filing a lien itself does not give you the ability to collect. To collect on a lien, you need to file a lawsuit, usually in District Court. Your lawsuit will have claims for breach of contract, quantum meruit, promissory estoppel, breach of prompt payment act, etc.

If you did work on someone's primary residence, you will not be able to foreclose. If you did work on commercial property, you may be able to foreclose which adds leverage to your negotiations during the lawsuit.

You would need to win the lawsuit in order to get to the collection part.

E. Aaron Cartwright III
214.789.1354
Aaron@EACLawyer.com

0 people found this helpful
Helpful