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IS THERE ANY WAY WE CAN STILL COLLECT FROM THIS COMPANY, SINCE WE DID NOT FILE A LIEN AND THEY HAVE NOT PAID ONE PENNY

TexasCollections

WORKED THIS JOB BACK IN MAY 2020 AND HAVE NEVER BEEN PAID. THEY DON'T ANSWER CALLS NOR EMAILS. WE JUST ENROLLED WITH LEVELSET. IN LOOKING ON INTERNET SEE WHERE THEY HAVE DONE TO OTHERS AS WELL.

4 replies

Jul 28, 2021

You are probably beyond your mechanic's lien filing deadline, although if you retain a construction attorney, there may still be some relief such as with a Texas Constitutional lien.

You should consider preparing a letter to mail by certified mail, return receipt requested, to the company to set out the facts and to demand the relief that you want. Attach your invoice and photographs or proof that you performed the work or provided the material. Make sure that your letter is professional and business like as it may be evidence later.

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

Good luck.

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Jul 29, 2021
Prior to filing suit, you should let a certified commercial collection agency licensed and bonded in TX collect the debt on a contingency bases. That way you don't have to spend any good money chasing after a bad debt. Feel free to contact me for a free quote and get this debt collected. Best regards, Steve
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Jul 31, 2021
The short answer is yes, you may still have other claims that you are able to pursue in this matter. Filing of a statutory lien is just one tool of other tools that you may have available to utilize. I advise you speak with an attorney to discuss what other tools are suitable and prudent for you to pursue in your specific matter.
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Jul 31, 2021
You are apparently too late to get a statutory lien. However, if you were a general contractor meaning you did business directly with the owner of the property you can assert your constitutional lien. Many Texas contractors do not know that there are two types of liens in Texas, statutory and constitutional. The statutory lien is complex and has various requirements. However, for a general contractor (not a subcontractor) the constitutional lien is available and referred to as self executing; i.e. it is automatic once the contractor does the work. The big problem is that unless you file an affidavit based on the constitutional right the lien is lost if the property is bought by someone that does not know about the lien. The action to take is to file a lien affidavit with the county in which the project is located. That lien can be good as long as the same company still owns it. You can then sue to foreclose on the lien and to collect the debt. If the work was done in 2020, you are still within the statute of limitations.
 
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