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I liened a client and know he is threating to Bond over my lien. What recourse do I have?

TexasBond ClaimsMechanics LienRecovery Options

I+liened+a+client+and+know+he+is+threatening+to+Bond+over+my+lien.+What+recourse+do+I+have?

1 reply

Dec 26, 2017
In Texas, a lien may be bonded off by a property owner or other interested party, but this does not mean that a payment claim is exterminated. First, a proper bond under § 53-172 of the Texas mechanics lien statute must be filed, then notice that the bond has been issued must be made to lien claimants whose liens are being bonded off, and then the county clerk must record the bond, the notice, and a certificate of mailing in the real property records. This means that the party bonding off the lien will have to take several steps to bond off the lien, and during such time, the parties are free to try and resolve the dispute. However, even if the lien is successfully bonded off before a resolution is reached, those parties whose liens were bonded off will have one year to file an action on the bond. Thus, an action may be filed on the bond immediately once the lien is bonded off or a claimant can utilize a full year of discussions to try and resolve the dispute. Often, a lien being bonded off can be good news for a claimant - at the other end of the dispute lies a sum of money readily available to fulfill a successful claim.
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