Does machinery lien exist in Texas?
Hello,
In Texas, it is called a Possessory Lien and it hails from Chapter 70 of the Texas Property Code. Ch. 70 gives a very detailed process for perfecting a possessory lien against, in your case, an item that you have fixed but have not been paid for and still have in your possession.
It's slightly longer than what I would like to explain here but you can feel free to call my office or take a look at Possessory Liens under the Property Code.
In short, don't give up the item without getting paid. If you do give it up, you no longer retain possession so you are out on a possessory lien. There is no improvement to real property so you have no Chapter 53 Mechanic's lien. You would have to sue him and win to obtain a judgment lien and then you have to go through collections and he may not have anything to collect against.
E. Aaron Cartwright III
214.789.1354
Aaron@EACLawyer.com
Motor vehicle!
-Aaron