Mechanic Liens

Hello,

Enforcing a mechanic's lien is filing suit on it in the court with the proper jurisdiction. That would usually be the District Court of the county in which the property is located. Filing a lien itself is not enforcement.

Also, you have to bring actions to foreclose on mechanic's liens within a certain period of time after filing, usually 1 year, or you lose the right to sue to foreclose on the mechanic's lien. Your ability to sue on breach of contract and other causes of action have separate limitations periods (i.e. you have four years to sue for breach of contract). Mechanic's liens cannot be renewed in the traditional sense. Judgment liens can be renewed and stick around for 10 years but you have to go through the lawsuit first.

E. Aaron Cartwright
214.789.1354
Aaron@EACLawyer.com

If the mechanic's lien is against a commercial project, the statute of limitations is about 2 years from the filing of the lien (assuming that the lien was timely and properly filed). The last step for perfecting a mechanic's lien is to file suit, and secure a judgment confirming the lien as an encumbrance against the property.

Retain a construction attorney to evaluate your legal situation and to provide advice. You should check to make sure that your liens are valid, or you could face a claim under the Texas Fraudulent Lien Act for a fraudulent, unenforceable lien. For violations of the Fraudulent Lien Act, you could face statutory damages of $10,000, or actual damages, whichever is greater, plus attorney's fees.

Good luck.