I put a mechanical lien on an Apts that i remodeled they owe me money im a small company and they are threatening to sue me if i dont release lien due to covid and my company financing that project im in dept and so i just need to get this suit behind me because i dont have money to retain a 15000. Lawyer. Who is willing to challenge there firm. So my question how can i take out the lien but add that im not held liable for any false claims they can sue me.
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 the lien that you filed was 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.
If you just want to escape the suit, request that the owner/manager provide you with a release of lien form.
If the amount of your claim is less than $20,000, you may consider filing suit in small claims court where you will not need an attorney.
Feel free to reach out to my office. We will take a look at the lien you filed and their demand to determine if it is valid and will stand up in court.
If you did work and they owe you money, you do not need to back down because someone sent you a letter. There are plenty of times where the office sending that letter are none too knowledgeable about construction law. The threat of lawsuit is the usual response to a filed lien affidavit. Next up is negotiations. Depending on the amount of your lien, it may cost them more to go to court than to pay you off. In addition, if they take you to court, you can countersue them for your money and foreclose on their commercial property.
E. Aaron Cartwright III