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Lean are already filed need to attorney for collection

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Dec 7, 2021

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 if you file a lien, you have 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 have filed a legitimate lien, then an attorney should review your contract and the lien, and any communications which have occurred, and then provide an evaluation to you.

If you have not already, you should write a letter by certified mail to the persons/entities who should pay to demand payment. Your letter should include your unpaid invoice(s), and photographs of your completed work. The letter should be professional and businesslike, as it may be evidence later.

Good luck.

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