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I have filed a Lien, do I still attempt to try and collect money that is owed?

Homeowner is refusing to balance balance that is owed, I filed a Lien is there anything else that I should be doing to try and get our money?

7 replies

May 6, 2020

Filing a mechanics lien isn't the end of the battle. Often, it will take a little extra effort to force payment. But, a mechanics lien filing will usually get payment talks moving and negotiation or settlement discussions started. And, if the customer or owner still isn't taking the debt seriously, then sending a Notice of Intent to Foreclose could wake them up. For more information on how to get paid after filing a lien, this article should be really useful: The 4 Steps to Take After Filing a Mechanics Lien. Additionally, keep in mind that liens are only one tool on the table. And, legal claims like breach of contract or claims under the Texas prompt payment laws could be effective options, too. Simply threatening those claims - like via a payment demand letter - might be enough to get the ball rolling.

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May 8, 2020

Where do I find the article you mentioned; 4 steps to take after filing a mechanics lien.

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May 8, 2020

The article was hyperlinked in the above answer, but you can click here to read the article, as well.

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Apr 11, 2021

Hello,

You sue. Whether you would be able to enforce the lien against a homestead would be a VERY subjective question, you would still be able to enforce your lien rights in the appropriate court with the appropriate causes of action.

E. Aaron Cartwright III
214.789.1354
Aaron@EACLawyer.com

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Jul 19, 2021

When did you file the initial Notice of Intent to Lien?

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Nov 30, 2021

I filed mine immediately after I knew he wasn’t going to pay me. I have had non-payment happen before and used Levelset to send a LOI and I had payment within 3 days. This time, it’s not “scaring” this customer bad enough to pay. I am goong to have to actually file a lien.

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Nov 7, 2022

Fine!

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