There is a company that filed a lien on the property for the amount of $7,650.00. They were contacted by the debtor’s attorney and they made an offer to remove the lien for the amount of $7,650.00. The company was then advised to remove and reattach another lien for $27,300.00. This was done because the first lien filed by the first attorney did for March debts only, and the second attorney attached it inclusive of the debts that were accumulated in February. The literature of the sworn statement of the first lien states that:
“The total amount due to *** Trucking Service, Inc. for trucking service from March 1, 2019 to present is $7,650.00 plus other costs associated with filing this Lien and giving the requisite notice. This amount represents the balance of the debt owed for under the contract and is true, correct, and just, with all just and lawful offsets, payments, and credits known to Affiant allowed.”
Now that lien has been removed and another has been attached which states:
“After allowing all just credits, offsets, and payments made to Claimant, the amount of $27,300.00 remains unpaid to Claimant under its contract with the Subcontractor. Claimant herein claims a statutory lien against the property, and all removable items located therein, under the provisions of TEXAS PROPERTY CODE SECT 53.001, et seq., to secure payment of said amount.”
The attorney for debtor states that because there is sworn statement for the balance of $7,650.00 it makes the new lien for the balance of $27,300.00 invalid and void. He even threatened to file a lawsuit for filing an invalid lien. I read the first lien as giving dates of “March 1, 2019 to present”, therefore if another lien attached for the balance which is inclusive of debts prior to March should be rendered as legal and binding. Is this not so? Would the lien be valid even if the previous lien attached for a lesser amount was removed and replaced by a lien that included months prior?

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Anonymous

ADDITIONAL INFORMATION
ATTY EMAIL CORRESPONDENCE

Blake:

Read the attached affidavit signed and filed of record on May 8th, 2019. This document says from March 1, 2019 to the date hereof, (May 8th, 2019) there is a balance due of $7,650.00. Again this is a sworn statement and then filed in the public record. No where does this say, for the month of February. It goes on to state that a notice letter was sent out in April 17th.

Like I said, my client offered to pay the claim amount of $7,650.00 and it was verbally accepted by the first lawyer when when Kelly T***** was trying to arrange the pick up of a lien waiver.

One can file a lien, but it it turns out that lien is not correct and is not withdrawn in 30 days after notice, then there is a minimum penalty of $10,000.00 plus legal fees. I have sent the notices already.

Let’s try and avoid hearsay and deal with the sworn testimony.

Regards,

ATTY EMAIL CORRESPONDENCE

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