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How do I get a lien removed

TexasLien Releases

I had a subcontractor file a lien on a property. Since then, he has been paid in full and acknowledged that he will return the lien release. Since he got paid, he won’t respond to phone calls or emails. The final payment cleared my bank on Sept 30, 2020. How can I get this lien removed now that he won’t respond?

3 replies

Nov 5, 2020

The cheapest and easiest option is to send the contractor a demand letter. It could potentially be served on him personally just like a law suit would be. 

If the contractor is not responsive following receipt of that letter, there is a court procedure that can be undertaken to remove the lien, but that process necessitates filing a law suit, and therefore carries greater expense. The good news is that you can recover the attorney's fees expended against the contractor if sucessful. 

Feel free to reach me direclty if you would like legal assistance in closing this issue out.

Very best,

Ben House

281-762-1377

ben@houseperron.com

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Nov 11, 2020
If you paid him without getting the release delivered at the same time, you can talk to the police, sheriff, TxDOT, or district attorney about “theft by check.” Or you can file a lawsuit against him. Please, always get the release at the same time that you deliver payment.
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Nov 12, 2020

Hello,

You want to send a demand letter to his business address with a threat of suit. If he does not provide you the release, sue him for declaratory action to get the judge to declare the lien is now void as the amount owed has been satisfied. Bring your proof of payment!

E. Aaron Cartwright III
214.789.1354
Aaron@EACLawyer.com

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