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?