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Once a Lien is filed with the county, what are the next steps?

Texas

We filed a lien on Lane Christianson and I was curious if we can add a lien onto his business?

1 reply

Oct 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 a proper and legitimate mechanic's lien was filed, you had to provide notice of lien filing by certified mail within five days of the filing. If you did not do so, the lien is invalid.

If you have not already, you should consider preparing a letter to mail by certified mail, return receipt requested, to the parties involved to set out the facts and to demand the relief that you want. Make sure that your letter is professional and business like as it may be evidence later.

If you do not receive payment, then consider filing suit in district court to enforce your lien and to collect the money that you are owed.

Good luck.

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