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Can i file lien on equipment i fixed but didn't get paid. I still have this equipment in my possession

Texas

Does machinery lien exist in Texas?

5 replies

Apr 20, 2021

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

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Apr 20, 2021
Depending on the kind of equipment, you may have a repair shop lien under Chapter 70 of the Texas Property Code. A Chapter 70 lien is possessory, meaning that you have to possess the item that you repaired so you should not release the item. You can review Chapter 70 at the following link: https://statutes.capitol.texas.gov/Docs/PR/htm/PR.70.htm Retain a construction attorney to evaluate your situation and to provide advice. Good luck.
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Apr 20, 2021
Thank you all. So it is heavy equipment peace of the machinery. Is that article or motor vehicle under the chapter 70?
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Apr 20, 2021
If the equipment can move by itself, it likely would be considered a motor vehicle, and be covered by Chapter 70.
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Apr 20, 2021

Motor vehicle!

-Aaron

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