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Am I within the timeline to file a lien?

Texas

We are a Junk Removal business and did work for an Apartment Community removing their bulk trash and performing "trash out" services on units that left trash behind after moving out. We have 3 invoices that they have never paid. One from November 2020 and 2 from April 2021. They recently changed management companies and neither company is paying these invoices. Total amount is $1700.00.

3 replies

Aug 11, 2021

The legal analysis would start with a review of your contract, and then extend to any communications and invoices you have had with the property.

You probably do not have a mechanic's lien right against the property as it does not appear that you undertook construction. If what you performed could be considered demolition, then you may have a mechanic's lien claim. While your claims would not qualify for a Texas Property Code Chapter 53 mechanic's lien claim, it is possible that you could have a Texas Constitutional lien.

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

For $1,700, you are better served by writing a letter by certified mail to set out the facts to your customer and demand payment. Attach your unpaid invoices, and any support for your claim.

If need be, you can consider filing suit in small claims court using your letter as evidence.

Good luck.

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Aug 12, 2021

Hello,

Send a demand letter and sue in small claims court. With anything else, the cost of the suit is going to quickly outweight what you may gain from it.

E. Aaron Cartwright III
214.799.0776
Info@EACLawyer.com

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Aug 13, 2021
Sometimes the question you think you should ask first is not the first question you think about
 
Review the information in this link to determine yout qualifications as a candidate for affecting a lien :
 
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