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Communication after Lien filed

TexasMechanics Lien

After the lien has been filed if the company, or their legal team reaches out is it best to communicate with them if needed or would that jeopardize anything in the future?

4 replies

Dec 17, 2020

Are screen shots of text messages okay to use as documentation? If so what is the best way to upload those?

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Dec 18, 2020

I know this sounds like a lawyery answer, but it would be best to have an attorney consult on the correspondence. If it is handled correctly, under the Texas evidence rules, the communications should be protected from use in any legal action, but certain language/actions can be used to work around that. Likewise, my advice is to treat everything you say as if you are admitting it, so don't admit to anything that may hurt your position down the road. At the same time, it is not a good idea to ignore the debtor's legal team when they try to reach out to you, and it can be a great opportunity to appear organized, prepared and stern, which can often result in getting you paid. 

I hope this was helpful. Feel free to reach out to me if you want to discuss this particular claim any further.

Very best,

Ben House

281-762-1377

ben@houseperron.com

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Dec 18, 2020
Communication is the soul of effectively dealing with a debt situation, including a lien.  The only way communication can damage the future prospects of a lienholder is to say something that indicates some weakness in either the lien or the underlying claim. Typically the lienholder has some advantage when trying to achieve resolution with the debtor. After all, with a lien on the owner's property, the owner has an obstacle in either selling the property or getting financing.   On the other hand,  it is typically better for the lienholder to try to reasonably settle the debt rather than proceed with the complex process of foreclosure.
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