I a general contractor that has not been paid but once and owed 19,000 .I can't contact the home office..but the new manager stated that the property is up for sale
You may have mechanic's lien rights. You really should retain a construction attorney to review and evaluate your legal position based on the contract 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 if you file a lien, you have properly and appropriately done so.
Filing an invalid lien could subject you to liability under the Texas Fraudulent Lien Act, and you could be liable for statutory damages of $10,000, or actual damages, whichever is greater, plus attorney's fees. Facing such a claim would add insult to injury.
You should consider preparing a letter to mail by certified mail, return receipt requested, to your customer to set out the facts and to demand the relief that you want. Attach to the letter any outstanding invoices, and representative 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.
Hello,
This is a situation in which your lien rights need to be thoroughly examined. You and your attorney/person need to review whether or not you have any lien rights remaining under the statute and, if possible, hurry up and file the lien.
You NEED to get a lien out, if you still have rights under the statute, before that property sells. Further, you would need to inform the title company and the property owner of your lien via Certified Mail.
The goal is to cloud title so they cannot move the property without you being paid.
E. Aaron Cartwright III
214.789.1354
Aaron@EACLawyer.com