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Home>Levelset Community>Legal Help>I reside in Texas, I need to file a Lien against a homeowner to force payment. The last time I had people attempt to fix her complaints was 27 August 2018. The job was finished on August 10, 2018. The work I had a painter finish and crew members complete were for non-contractual items. Do I have 4 months from the sept 27 date or August 10 date

I reside in Texas, I need to file a Lien against a homeowner to force payment. The last time I had people attempt to fix her complaints was 27 August 2018. The job was finished on August 10, 2018. The work I had a painter finish and crew members complete were for non-contractual items. Do I have 4 months from the sept 27 date or August 10 date

TexasLien DeadlinesMechanics Lien

I need to file a lien for final payment, the final payment is 34000,00.

1 reply

Nov 30, 2018
That's a good question. First, it's worth noting that for residential liens in Texas, the deadline to file is the 15th day of the 3rd month following the month in which the lien claimant last furnished labor and/or materials to the project. These deadlines can get a bit confusing, but this tool from zlien can help to clarify information: zlien Payment Rights Advisor. Regarding exactly when that timeframe starts - that timeframe depends on when the party who is claiming the lien last furnished labor or materials to the job. This timeframe will generally not be extended by warranty, punch-list, or corrective work - and the safest bet is typically to be a little conservative when deciding what date to serve as the last furnishing date. After all, it's always a good idea to stay a little ahead of deadlines. Finally, recall that in Texas, if a residence is considered a homestead, there are additional rules that come into play for a mechanics lien filing. Of course, note also that when hired directly by the property owner, a Constitutional Lien might be available - and Texas Constitutional Liens aren't bound by many of the strict requirements that regular Texas mechanics liens are. Lastly, keep in mind that a Notice of Intent to Lien is also a powerful tool to compel payment. Considering the powerful nature of mechanics liens, the threat of lien is usually a strong bargaining chip. More on that idea here: What is a Notice of Intent to Lien?
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