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What happens if you receive a check from a customer on the same date as the lien deadline and the check ends up bouncing

Texas

What happens if you receive a check from a customer on the same date as the lien file deadline (not filed yet) and the check ends up bouncing? Is there recourse without filing the lien since they did attempt to make payment?

1 reply

Sep 16, 2020

Unfortunately not. Filing a lien (provided all other steps in perfecting that lien were taken) is the best method of protecting your right to payment. The lien can easily be removed once filed. 

I've seen your particular scenario play out before: you hold off on filing the lien because payment is promised and payment ends up falls through. At that point, you've forfeighted your lien rights (as long as the deadline is calculated properly) and your recourse rests with a breach of contract or quantum meruit claim instead. 

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