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How to file a lien and a civil suit?

Hi there, My company has completed a roof replacement as agreed with the homeowner. The homeowner's suddenly had a random issue with us (we have texts, recorded calls, and further documentation). We did not do anything wrong, but they made it very clear they were not going to pay us almost the remaining half of the payout. We are now under on the job and they are harassing us claiming we are double charging their cards or incorrectly charging them, and writing negative reviews. Again, we have proof that this is false. How do I go about filing a lien and a civil suit? Thanks in advance.

1 reply

May 15, 2020

Filing a mechanics lien and filing a lawsuit are generally two separate routes for recovery. Although, if a lien enforcement action does become necessary (and they usually don't), a lawsuit would have to be filed. Let's look at a few different recovery options, including both filing a TX mechanics lien and pursuing a lawsuit. For full understanding of the difference, this article will help: A Mechanics Lien Is Not an Automatic Lawsuit.

Talking it out

Talking it out won't always be an option, but trying to may still be worthwhile. If you can produce the records that clearly show they haven't been double charged, and if you can clearly and obviously dispute their other claims, then that may be enough to settle the customer down and discuss payment.

Sending a demand letter

If the dispute has reached the point of no return, sending a payment demand letter could force a customer to be reasonable. Demand letters generally include specific legal threats, and they'll include a deadline for making payment. By sending a demand letter, you can let the customer know you're serious about getting paid and willing to do whatever it takes to make sure that happens.

Notice of Intent to Lien

Mechanics liens are extremely powerful. That means the threat of a lien claim is powerful, too. By sending a Notice of Intent to Lien, you can let your customer know that a lien will be filed if they continue to refuse payment. Considering the headaches, costs, and time that will be associated with resolving a lien dispute, owners can't afford to take the potential for a claim lightly. You can learn more about the document here: What is A Notice of Intent to Lien And Should I Send One?

Filing a Texas mechanics lien

Filing a Texas mechanics lien is a relatively simple process. Ultimately, it just requires assembly the necessary paperwork, filing it out with correct project and property information, then filing the document with the county recorder's office and notifying the owner of the lien filing. With that being said, each step of the process has nuance and there are some additional considerations for filing liens on Texas residential properties. For a thorough breakdown of those considerations, this article will be really useful: (1) How to File Your Texas Mechanics Lien – A Step by Step Guide. This resource will be helpful too: Texas Mechanics Lien Guide and FAQs. Finally, keep in mind that Texas constitutional liens are often still on the table when mechanics liens might not be: Texas Constitutional Lien Rights/Process.

Legal claims

Regardless of whether lien claims are available, legal claims will be on the table. Claims like breach of contract claims or claims under the Texas prompt payment laws may be available, as well as others. If you think it's time to proceed with a lawsuit, then it'd be wise to first consult with a Texas construction attorney - they'll be able to review your situation and advise on how best to move forward. Plus, you'll generally need an attorney's help for proceeding with a civil suit anyway - and they can walk you through the process. Though, for claims of $10,000 and under, small claims court could be an option.

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