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Monthly Notice filing/ retraction requested by customer

We did file a monthly notice on a customer which referenced a December invoice specifically and included in the total an amount invoiced in February. The December invoice got paid during the process and the customer asked for a retraction. The February and March invoices are still outstanding so I was not sure whether its wise to retract. thanks, Stan

1 reply

Mar 20, 2020

In Texas lien law, there isn't really a way to officially retract monthly notices that have been previously given. Companies can exchange lien waivers or even send retraction letters that serve to show that payment was made. But, in terms of actually withdrawing a monthly notice that's already been sent, there isn't a way to really do that. With that being said, providing a retraction letter or a lien waiver for a previous month that's already been paid may make sense. And, as long as the document that's sent doesn't waive any rights beyond what's intended, or as long as the retraction letter only retracts the specific monthly notice(s) that have been paid, there shouldn't be much risk in providing that. For more discussion on Texas lien waivers and retraction letters more generally: - Texas Lien Waivers Guide and FAQs - Texas Lien Waiver Forms & Guide – All You Need to Know - How and Why to Send a Retraction Letter

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