Hello,
In your title, you mention foreclosure. Is this a residential, commercial, or municipal property?
To enforce your lien, you will be filing suit in District Court of the county that the property is located in. Generally, when I am enforcing liens, I sue for Breach of Contract, Promissory Estoppel (if there's a written contract), Quantum Meruit (if there is no written contract), Rule 185 (if the client's records are line item detailed), Violations of the Prompt Payment Act, and sometimes Fraud, if I think I have it. I also include the cause of action for foreclosure when I have it.
If you are filing suit as the company, you will need an attorney to represent the company in District Court. Feel free to let us know if you need more assistance.
E. Aaron Cartwright III
214.789.1354
Aaron@EACLawyer.com
Excellent,
I would love to discuss this with you. Feel free to shoot me an email and we can evaluate. I'm going to need some more detailed questions answered and I don't want your business all over the internet.
E. Aaron Cartwright III
214.789.1354
Aaron@EACLawyer.com
The first thing that you should do is retain a construction attorney to review your legal situation and the lien that you filed to make sure that you have done so properly and appropriately. If your lien is not proper, it could be attacked under the Texas Fraudulent Lien Act, and you could face statutory liability for $10,000, or actual damages, whichever is greater, plus attorneys fees.
If the lien is proper and appropriate, the next step would be to file suit in District Court to have the court confirm the lien as an encumbrance against the real property.
Good luck.