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Now that a lien is filed, what is done next to ensure that I get paid?

Texas

I supplied trucking and materials to a subcontractor for a construction project in Texas, they paid a few invoices then completely stopped paying all the other invoices so, I filed a mechanic lein through levelset, it has been filed with the county.

1 reply

Jun 13, 2021

The first thing that you need to determine is whether you properly provided a notice of non-payment to the original contractor (the contractor who contracted directly with the owner), and then notice of non-payment with a funds trapping request to the owner. Then you should determine if you properly prepared and filed a mechanic's lien.

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 properly undertaken the above steps, you may consider filing suit in district court to enforce or confirm your lien. For that you will need an attorney.

Good luck.

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