I have a contractor that is threatening to put a lien on my property. She claims i owe her money after I fired her for wrongful charges and made up numbers and not completed work. I have evidence of it all and I had to pay another contractor to finish her work. If she files a lien how can I cancel her lean or remove it without paying her?
Hello!
To remove an invalid lien, you must file what is called a Summary Motion to Remove Invalid Lien. It's a shortened lawsuit where one party tells the judge why the lien that was placed is invalid and the other party tells the judge why the lien is valid. Chapter 53.160 of the Texas Property Code gives you the basis for having the lien removed.
You may also ask the court to remove the lien under Chapter 51.903 of the Texas Government Code Motion for Judicial Review of Documentation or Instrument Purporting to Create a Lien or Claim. This one is a bit more difficult and nuanced as there has to be some blatant defects in the lien so as to basically make it not be a lien. You would be arguing that the numbers she created are not created with express or implied consent. There are issues with that but I won't go into them here.
Option number 3 is just a good old fashioned lawsuit with the regular causes of action including breach of contract and everything else. In that lawsuit, you would be asking for the judge to remove the lien and grant you whatever money you had to spend on the subsequent contractor as well as any other damages from her garbage behavior.
E. Aaron Cartwright III
214-789-1354
Aaron@EACLawyer.com