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Can I file in small claims court?

Is there a deadline to file for handyman services performed in Harris and Brazoria counties in Texas, dates of April-August 2020. It was a nonverbal agreement to work on several homes.I just filed two mechanics liens on the rental properties and three notices of intent on other properties (through Levelset). Are small claim courts currently open for business? If not, can I still file to sue for payment to avoid a statue of limitation deadline?

1 reply

Oct 21, 2020

Yes, but there’s possibly a catch! Small claims court is a great place for resolving disputes with less than $20,000 in controversy. Your contract disputes sound like they would properly be handled there. However, if you want to foreclose on your liens, you will need to file a real lawsuit in District Court, which has exclusive jurisdiction over title disputes. That’s costlier and more complex (and I don’t know that you want to foreclose). Also, before looking at this, you need to be careful your lien notices are properly recorded, and notice letters sent to the right folks and at the right times. A motion to remove a lien which is improperly perfected can result in an attorneys’ fee award against you! The Small Claims case is pretty straightforward, but the lien foreclosure aspect is not. If you are interested in having a lawyer help (which I would recommend), me and my firm handle these claims all the time. Best of luck.

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