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Can we still file a lien for non payment?

Texas

Were an honest appliance store we work by contract we deliver and install also . We had a client a designer working on her own job .That needed appliances for a new home customers of here ,we supplied all appliances and delivered and installed. On one of the appliances did not add up on quote shows the price yet a glitch in system she refuses to pay when sales person notified her she said that's your problem not mine because of an honest mistake . It is a high end product Thermador 18inch -built in-panel ready freezer column w/ice dispense priced at $ 5,178

1 reply

Sep 16, 2021

You should consider preparing a letter to mail by certified mail, return receipt requested, to your customer to set out the facts and to demand the relief that you want. Include a photograph of the freezer with the price. Make sure that your letter is professional and business like as it may be evidence later.

If need be, consider filing suit in small claims court (assuming that your claim is less than $20,000), using your letter as evidence.

If you still want to pursue a mechanic's lien, you really should retain a construction attorney to review and evaluate your legal position based on the contract and pertinent documents. The right to be entitled to file a mechanic's lien is set out in Texas Property Code Chapter 53, and you really need to make sure that if you file a lien, you have properly and appropriately done so.

Filing an invalid lien could subject you to liability under the Texas Fraudulent Lien Act, and you could be liable for statutory damages of $10,000, or actual damages, whichever is greater, plus attorney's fees. Facing such a claim would add insult to injury.

Good luck.

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