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After1 year..

TexasMechanics Lien

If I file a mechanic’s lien in Texas and the customer doesn’t pay within that year, can I re-file it year after year to keep him from selling the house until the invoice is paid?

6 replies

Nov 30, 2021

If the mechanic's lien is against residential property, the deadline for filing suit is one year.

You cannot extend the deadline for filing suit by refiling a mechanic's lien, which would then be out of date.

Possibly, you may be an original contractor with Texas Constitutional mechanic's lien rights. There is no specified deadline for filing suit to enforce a Constitutional lien other than the four year statute of limitations for suit on debt.

Retain a construction attorney to evaluate your legal situation and to provide advice.

Good luck.

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Dec 1, 2021

Ive never heard of a Constitutional lien.

the amount owed will be less than attorney cost, which is why I seek free advise. I am the original contractor. (Not a sub contractor).

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Dec 1, 2021
That is why you should retain a construction attorney. If you file an invalid lien, you could violate the Texas Fraudulent Lien Act which can impose a statutory damage of $10,000, or actual damages, whichever is greater, plus attorneys’ fees. Good luck.
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Dec 1, 2021

I don't have the funds to hire a CA.

The attorney fees will be more than what is owed to me. It would be unreasonable to hire an attorney.

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Dec 1, 2021
Write a certified mail letter to demand your money. Support your letter with your invoice and photos of your completed work. If need be, file suit in small claims court using your letter as evidence. Good luck.
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Dec 2, 2021

I filed in small claims court 2 weeks ago. im waiting to get a hearing.

i need to know how to file a mechanics lien on my own.The local cou ty clerk said that the form I filled out from Levelset wasn't the correct form.

the title mentioned something about the 'original contractor'. Im going to end up losing time to file.

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