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Texas Policys

I have a customer that is trying to make a payment, but would like to distribute it between different jobs I have liened. However I feel like if I do that I won't be able to enforce the liens if they don't pay. I feel like it would be best to just to pay it in full. can you give me any advise on that?

1 reply

Dec 16, 2019

Ultimately, when discussing settlement and mechanics lien releases, it's often a good idea to avoid getting too creative. Still, it's understandable for owners to want to make partial payment on a given lien claim - and, it's common to resolve lien disputes in that way, too. Of course, note that if a debt is partially paid down, then a filed lien wouldn't be fully enforceable to the extent it was filed. But there are ways to make that work. With the above in mind, though, it may be simpler to have an owner pay down specific lien claims in total, one at a time. That way, once a lien is paid, that lien can be fully released. Considering the unusually long lien enforcement period in Texas, that may be a workable option. Every dispute and every situation is different, so what's best for resolving one lien may not be a good idea for resolving the next. In any event, I think these resources should provide some helpful additional information: - Mechanics Liens and Partial Payment: What Are the Options? - Construction Lien Release Process: the Timeline is Tricky

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