After the February 2021 freeze in Texas, I hired a cleanup and remediation company to work in my house which pipes burst. Usually, remediation companies set up a pod to allow the separation of damaged and salvageable items. This company did not do any of this. They started by removing my most expensive furniture without informing me. By the time I discovered that they had removed some of my furniture, I asked that they return the furniture. The manager told me over the phone that the furniture was on the truck and on its way back to my house. It's been more than 30 days since and the company never returned the furniture. To add insult to injury this company abandoned the job soon after I asked for the return of the furniture. Today, I received a NOTICE OF INTENT TO FILE A LIEN from this company. In the last 30 days, I have sent both emails and text messages to the said company to pay me the several thousand dollars it will cost to replace the furniture. The response I managed to get from them was that the insurance company will pay me for the furniture. I do not want to file a claim for a perfectly good furniture deliberately removed by a crooked remediation company just because this company beleieves that I can pass the cost on to the insurance company. What are my options here?
I assume that the work was for your house, and that your house is your homestead. For the house to be your homestead, the house has to be titled in your name and you must live there. The contractor that contracted with you is called the "original contractor" under Chapter 53 of the Texas Property Code (which governs the propriety of mechanic's liens). If the property at issue is your homestead, then for a contractor to be entitled to file a valid mechanic's lien against your homestead, he would have to comply with Chapter 53 of the Texas Property Code. Among the requirements are a written contract signed by the owners of the homestead (husband and wife), certain homestead warnings, and filing of the contract with the county clerk. Those formalities do not usually happen. Without them, any attempted mechanic's lien filing would be invalid.
If the original contractor did not properly perfect a homestead mechanic's lien contract, then no contractor, subcontractor or supplier can file a valid mechanic's lien against your homestead. You should write a letter by certified mail to the lien claimant to demand that the lien be released, pointing out that the property is your homestead, and that the original contractor has not perfected a homestead mechanic's lien. If the lien claimant does not voluntarily release the lien, he could be liable for a fraudulent lien under Chapter 12 of the Texas Civil Practice & Remedies Code. Chapter 12 can award damages of $10,000 or actual damages whichever is greater, plus attorney's fees.
You can also demand that the lien be released under Section 53.160 of the Texas Property Code, which provides for a summary procedure (no trial necessary) for the removal of an invalid lien on someone's homestead.
Concerning your possessions, you should write a letter to mail by certified mail to the company to demand that it turnover your possessions. A wrongful refusal would constitute conversion (civil theft) under Texas law. If need be, consider filing suit in small claims court (assuming that you claim is less than $20,000) using your letter as evidence.
Good luck.