Hello, I have a lien on a property that we had done work on and never got paid, I haven't been able to collect payment on this project yet. What can i do to enforce the lien
Hello,
Lawsuit in District Court. You are the Plaintiff and the Defendants are the Property Owner and the General Contractor if you are a Subcontractor or just the Property Owner if you are the GC. Because you are a company, you are not allowed to represent yourself in District Court so you definitely want to contact a Construction Attorney to assist.
E. Aaron Cartwright III
214.799.0776
Info@EACLawyer.com
Retain a construction attorney to evaluate your legal position and to provde advice.
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.
You should consider preparing a letter to mail by certified mail, return receipt requested, to the customer to set out the facts and to demand the relief that you want. Attach support for your position including unpaid invoices and photgraphs of your work. Make sure that your letter is professional and business like as it may be evidence later.
Good luck.