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Is it worth it to file a mechanics lien or work done that was less than $300?

TexasMechanics Lien

Is it worth it to file a lien to collect $287? If The other party did not sign the estimate or invoice, are they still responsible to pay the $287?

3 replies

Nov 23, 2021

If the property is the owner's homestead (meaning that the owner owns the property and lives there) then your contract with the owner would have to satisfy the requirements of Texas Property Code sections 53.254, et seq., which requires specified homestead lien warnings, signing by husband and wife, and recordation in the county property records. 

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 would be better served by mailing a letter by certified mail to your customer to state the facts and the amount of your claim. Support your claim with your invoice(s) and with photographs of your completed work.

If need be, consider filing suit in small claims court using your letter as evidence.

Good luck.

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Nov 27, 2021
What if the owners ( husband and wife) do not live in the home , but live in a different city and were not aware of any contract work being done? A sibling lives in the home and pays rent each month to the owners.
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Nov 27, 2021

It is possible that you have mechanic's lien rights, but it would cost you more than $300 to find out. You need the demand letter anyway for a suit in small claims court. So, write the letter, and if need be, consider filing suit in small claims court using the letter as evidence. 

Good luck.

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