The contractor I hired filed M/lien but doesn’t even show all the money I paid. He says I paid $8500, I paid almost $17,000. I also fired him due to drinking on the job, sloppiness, leaving my home unlocked repeatedly, damaging my furniture, poor workmanship and also trying to inflate a supplemental estimate to my insurance company for a ridiculous amount that I didn’t know about until alter the fact.
Unfortunately, in Texas there is no automatic lien release system for wrongful/fraudulent liens. To strike a lien without participation of the contractor that filed the lien, the law requires that you sue the contractor and file a motion to strike the lien. The partially good news is that your attorney's fees incurred in going through this legal process are recoverable if you are succesful in striking the lien. I say partially good news, because due to Texas law some contractors can be "judgment proof" because they simply don't have enough recoverable assets to pay the fees/judgment incurred.
Now the first step is always to send a demand letter to the contractor for removal of the lien. The contents of the letter vary widely depending on what the best arguments are to invalidate the lien. Often times an agreement can be reached to satisfy the lien that is less than the cost of removing the lien in court.
Likewise, your best bet is to contact a lawyer and get that process started.
Very best,
Ben House
281-762-1377
ben@houseperron.com