Can I file a Mechanics Lein on a home that has a homestead in Texas.
TexasI installed a air conditioning system at a residence in Texas. The total job was for 14,600.00. The home owner gave me two checks one for $ 2,000 and the other for 12,600. The check for 12,600 was returned with not sufficient funds. The home owner has lied about everything from the start. I was just awarded a judgement from small claims for 12,600.00 but how to collect. Found out this person has at least 5 judgement against him for more than $4 million. I would like to file a Mechanics Lien to his home but was told very hard to do if he has it listed as a homestead which he does. I was also told that anyone can file a Lien on his home but would be hard to enforce. Can your company help me file a lien on his home?
2 replies
You should retain a construction attorney to evaluate your situation and to provide advice.
As a typical rule, a contractor cannot file a valid mechanic's lien against someone's homestead unless the contractor has complied with the provisions of Texas Property Code sections 53.254, et seq., something that generally does not happen.
Filing an invalid lien, especially one that you know is invalid, could violate the Texas Fraudulent Lien Act, which can impose statutory damages of $10,000, or actual damages whichever is greater, plus attorney's fees.
If you received a hot check, you should make a claim with your local district attorney's hot check division to prosecute the hot check writer.
Good luck.
YOU have a “JUDGMENT” its too late to file a lien.
Now all you can do is “collect” your judgment.