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I need help filling liens on several properties.

TexasCash FlowPayment Disputes

My ex employer has not paid me in alittle over a month and has put my wife and I in a serious situation she is 30 weeks pregnant and we are on the verge of getting evicted from our apartment.

2 replies

Jul 24, 2020

Whether you can file liens on these properties will depend on whether you were an employee with the contractor or an actual subcontractor who performed work on the job. I am happy to discuss further and provide a free, 30 minute consultation. I practice both construction and employment law, so either way I should be able to help. 

Sincerely, 

Martin C. Law | Partner

Patout | Law, PLLC

P: (346) 327-2501 | E: mlaw@patoutlaw.com 

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Jul 24, 2020

Hello!

Unfortunately, you, as an employee, do not have the ability to lien. If you were an independent subcontractor, you could definitely lien.

What you have is potentially a Payday Act claim. From the Texas Workforce Commission's website:

"TWC administers the Texas Payday Law, which assists employees in the recovery of their unpaid wages. ... A wage claim must be submitted no later than 180 days after the date the claimed wages originally became due for payment. If part of your unpaid wages were due within 180 days, submit a claim only for that part."

And as a mere heads up for the future, liens create a property interest but they have to be enforced for them to get you paid. Lien enforcement is a lawsuit so you should not look to lien enforcement to get you paid quickly if you are facing an emergency.

E. Aaron Cartwright III
214-789-1354
Aaron@EACLawyer.com

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