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Can I file a lien?

TexasMechanics LienNotice of Intent to LienRight to Lien

I would like to know if I have grounds to file a lien... A local small time general contractor asked me to do a job on short notice the following day. He said he was scheduled to do the install but his team got Covid. So, we did a $2800 job (with contract to him) the next day, Friday Jan 29th. It was such short notice, but I did not have time to collect a deposit. Once complete, he wrote a check (from a Walmart MoneyCard account) that bounced. So, since we have finished the job it has been one excuse after another on why he can’t pay me. Today I went back to visit the homeowner of the house to see if the money they paid him to do the job could be canceled to pay me instead. I found out that he is indebted to them (homeowners) for over a year to do work for them in their backyard, plus they gave him a $5k loan for some reason. He told them he will do their garage for free in order to pay them back some of the money. So, he never intended on paying me anything in the first place. Since my contract was with the GC, can I still file a lien on the property? It seems like the homeowner helped him commit fraud?

1 reply

Mar 10, 2021
Likely you do not have mechanic's lien rights as the general contractor likely did not perfect a homestead mechanic's lien contract with the homeowners. You are better served by first writing a letter by certified mail to the general contractor to set out the facts and to demand payment. Attach support for your claim. Then file suit in small claims court for your money, using your letter as evidence. You may also consider filing a complaint with the County District Attorney with the County's hot check division. Good luck.
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