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Two TX notices we sent, will this affect my lien rights?

TexasMonthly NoticeRight to Lien

I sent out two Texas notices and one of them listed the incorrect amount due. Can the contractor or property owner dispute my lien claim because of this?

1 reply

Feb 26, 2019
Good question, and I'm sorry to hear you've had some trouble getting paid. First, it's worth noting that any error with a required notice could potentially create an issue with a mechanics lien filing. However, where an issue is minor, or where the issue didn't cause harm to the party receiving notice, it's entirely possible that a small error might not affect the viability of a lien when the notice sent was otherwise compliant with the Texas Property Code. Of course, even in a situation where a claimant sent an improper notice, to the extent that proper notice was given (i.e. the amounts which were properly preserved by notice), a claimant would likely still be entitled to a lien claim. While such a lien claim might not represent the entire amount that is due to the claimant, it could go a long way to force payment for what was secured. Further, in the event that a mechanics lien has not yet been filed, note that a Notice of Intent to Lien can be an effective tool, too - regardless of whether lien rights were entirely, properly preserved. Because a mechanics lien is such a drastic remedy, the mere threat or warning that a lien claim will be made is often enough to compel payment. zlien discusses that principle here: What is a Notice of Intent to Lien? Finally, it's important to keep in mind that when a mechanics lien is filed, it's extremely common for a property owner's initial reaction to be to challenge the filed lien claim - regardless of whether an issue actually exists. zlien discusses that here: My Lien Was Challenged — What Do I Do? As a last note, for more information on Texas notices and liens, this resource should help: Texas Lien & Notice FAQs.
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