Can I continue to send an Intent to Lien each month or do I send one and if they don’t pay I MUST send an actual lien? Is there a time frame I must do it in?
Apr 12, 2018
That's a fair question, especially when a Notice of Intent to Lien designates a time period during which payment is requested (or else, a lien will be filed). When a Notice of Intent to Lien is sent, but not required by statute, a claimant is not really required to abide by a time frame given. Of course, it's good practice to actually wait the amount of time provided on the Notice of Intent to Lien. But a claimant could certainly send multiple Notices of Intent to Lien. Additionally, by sending a Notice of Intent to Lien (in a state where there isn't a statutory requirement for the document), a claimant is not binding themselves to actually file their lien within the timeframe that they state. Of course, the lien deadline should always be kept in mind, and it won't be extended for any reason in Texas.