Dear Sir/Madam, Levelset helped me to send a Notice of Intent to Lien to an aggressive homeowner who owes me $5953.75 of nine burst pipes repair fee. She stated that it's illegal to send her this notice since this house is her homestead house and I didn't have signed contract with her. After careful research, I realized that I can't put a lien on her homestead house since I don't have signed contract for the emergent service. Is it even illegal to send her the notice of intent to lien? Will it hurt my chance to win the case if I sue her to small claims court? Thank you so much!
If the house is the owner's homestead (meaning she owns it and lives there), and you did not have a contract that satisfied the homestead mechanic's lien provisions of Texas Property Code sections 53.254, et seq., then you would not be able to file a valid mechanic's lien against her homestead.
You should consider preparing a letter to mail by certified mail withdrawing the notice of intent to lien, and replacing it with one that advises as to your claim, and attaches your invoice(s) for $5,953.75, with any photographs or other evidence that you performed the work at her request.
If she does not pay, consider filing suit in small claims court using your letter as evidence.
It is not illegal. It will not hurt your chances.
E. Aaron Cartwright III