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do I have to file a lawsuit after the year

TexasLawsuit

I filed the lien on sep 6 do i have to file a lawsuit

2 replies

Nov 12, 2020

Hello,

After you have filed a lien, you have a couple options.
1. Wait and do nothing. If the property owner tries to sell or refinance, the lien will come up and they will need to pay you or sue you to resolve it.
2. Sue the property owner. A lien by itself is just a piece of paper and a cloud on the title. To actually get paid, you will need to enforce it and you do that by filing a lawsuit in District Court. Please contact an attorney as companies are not able to represent themselves in District Court.

E. Aaron Cartwright III
214.789.1354
Aaron@EACLawyer.com

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Nov 12, 2020
In general you have 2 years after you filed the lien to file the suit to foreclose it. There are exceptions and since no facts are mentioned you need to confirm that with someone. This applies only to mechanic’s liens against real property. Also, this does not apply to bond claims.
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