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do i need to get lawyer to file this lien

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Do i need a lawyer for this lien

3 replies

Jul 23, 2021

Probably. You should really retain a construction attorney to evaluate your legal position and to see if you qualify for a mechanic's lien. 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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Jul 23, 2021
do I need a lawyer in alabama to file a mechanics lien on an automobile repair N paint job preformed and not payed by owner?
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Jul 26, 2021
Dear Contractor in Texas:
 
Although you have provided no information about the type of lien, date since work incurred etc, we can respond to your question generally by saying there is no statute or case law that prohibits someone from filing a lien without the assistance of an attorney.
We will add that perhaps the more relevant consideration is the likelihood of whether any particular individual not trained in the legal field or licensed after approximately 25 years of study and then successful completion of an examination to qualify to be provided a licensed to practice law is going to be able to successfully create a lien document that complies with the rather Byzantine requirements of the Texas lien laws ----to actually produce a document that actually results in protecting the claim for the very deserved compensation for work well done.
 
If you try to fix your toilet because when you flush and the water keeps running without stopping and you can't fix that , you need to call a plumber to help you fix it. It works the same way with a legal matter except that you don't find out that you didn't stop the water from running until after you find out that your lien work didn't do the job you were trying to use it for and you have lost your chance to put a lien on anything. Contact information is below in the event you realize you probably would do well having some help and assistance or at least a review before you file and depend on it being enforceable
 
 

This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on this site are of a general nature only, and are not meant to create an attorney-client relationship. You are encouraged to seek independent and private counseling for a complete review of your case.

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