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Customer stopped payment on home ac equipment that i installed,

TexasRecovery Options

I installed a.complete ac system in a customers house. He paid me for job then a few days later he put a stop payment on the check and told the check cashing company that he never wrote the check and signed a affidavit saying he didnt write check. I have emails and text messages with the customer and he talks about writing me the check and the stop payment he put on it. I dont know where to start to get my money and prove that he wrote the check and is lying

1 reply

Sep 30, 2019
There are many different potential remedies to recover payment for construction work in Texas. One of the most powerful ways to secure payment is a mechanics lien. In Texas, parties who contract directly with the property owner do not need to send any preliminary notice in order to maintain the ability to file a lien. However, for projects on residential homestead property, the contractor must file the contract itself with the county recorder prior to beginning work. Texas provides strong protection to direct contractors, and even has a self-perfecting mechanics lien built directly into the state constitution that can be effective if the statutory deadline is missed. However, to the extent that work is performed on a homestead property, there are still specific actions that must be taken and requirements that must be met in order to claim a constitutional lien (as well as a statutory lien). If the project is for the renovation or repair of homestead property, the Texas Constitution sets forth 5 specific requirements for the contract that must be met in order to claim a valid lien. If the property was not a homestead, or if it was and the contractual requirements for maintaining lien rights were met, a mechanics lien may be claimed against the property to secure the amount due. The property owner must then either pay the amount due, or the lien could be enforced through a foreclosure action and the property could be sold to satisfy the debt. If a mechanics lien is not an option there are still different avenues to recovery. A lawsuit may potentially be filed against the property owner for breach of contract, or pursuant to the Texas prompt payment laws, or under some other cause of action. If a lawsuit is required, a local Texas attorney should be retained to take a thorough look at the situation and assist with the claim and filings. Lawsuits can be time consuming and expensive, but in some cases can represent the best possibility of obtaining payment.
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