I am a subcontractor and had recently completed work on a flip property by an individual. He paid me the initial draw by check showing the name BTSN Enterprises, but I am showing that he has the property listed by the name Huggins Realty. I submitted my demand and now have moved forward with the lies process but it is showing for BTSN and not Huggins. The address is correct. Is this going to prevent the lies being placed?
You really should retain a construction attorney to review and evaluate your legal position based on the subcontract and pertinent documents. The right to be entitled to file a mechanic's lien is set out in Texas Property Code Chapter 53, and you really need to make sure that the subcontractor's lien was proper and appropriate.
Filing an invalid lien could subject the filer to liability under the Texas Fraudulent Lien Act, and the filer could be liable for statutory damages of $10,000, or actual damages, whichever is greater, plus attorney's fees.
Consider checking for the property's ownership with your county's appraisal district.
The name of your customer may or may not be the owner. If you customer is not the owner, then you have to provide the owner with notice of non-payment with a funds trapping request.
You should consider preparing a letter to mail by certified mail, return receipt requested, to the customer to set out the facts and to demand the relief that you want. Attach to the letter the contract, invoice, and photographs of the completed work. Make sure that your letter is professional and business like as it may be evidence later.
If the customer does not respond or respond satisfactorily, you should consider filing suit in small claims court, using the letter as evidence.
Good luck.