I provided design services to a client (FF& E), but she is refusing to pay the remaining balance. How do I go about collecting my $900 owed to me? She reached out to me through a neighbor, and confirmed that she wanted new furniture for her new build home. I told her it would $1,800.00, but that $900 would be due upfront and the remaining due at completion of researching materials. She did pay the original $900, but due to her own personal choices, she decided to halt all future work, therefor owing me $900. I sent her an invoice for unpaid services, and she replied back stating that she does not owe me.
Hello,
It depends. This one will be tricky because we do not know the exact nature of your work. The Texas lien laws provide liens for anyone who provides labor and materials for the improvement of real property. The question will be whether your services were for the improvement of real property.
At the very least, provide a Notice of Intent to Lien and see what she says. After which, consider filing in small claims court for the recovery of the $900. If you file a lien, you are required to use District Court to enforce the lien, you will not be able to foreclose on a homestead, and if you provided services through a company, you will be required to hire a lawyer. It is very possible the cost of such an endeavor will quickly outweigh the benefits.
E. Aaron Cartwright III
214.799.0776
Aaron@EACLawyer.com
In Texas, unlike many other states, design professionals are also given the right to lien for certain professional services that they perform for the project. In today’s uncertain climate where collection of money for valuable design services performed is a concern, the lien provides the design professional the opportunity to secure payment.
Like their contractor counterparts, design professionals must satisfy certain requirements to maintain and perfect a mechanic’s lien in Texas.