What next?

TexasLien on Funds

What is the next step after you send a letter to intend to file a lien?

2 replies

Mar 1, 2021
The legal analysis depends on a lot of facts. Is the property commercial or residential? Did you contract with the owner or with another contractor? During what month was your work performed? What type of work did you perform? Retain a construction attorney to evaluate your facts and legal situation and to provide advice. If you file an invalid lien, you could be liable for a fraudulent lien under the Texas Fraudulent Lien Act, and could be liable for $10,000 in statutory damages, or actual damages, whichever is greater, plus attorney's fees. So, evaluating your legal situation is important. Good luck.
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Mar 2, 2021

Strictly answering your quetion, the next step is to get your lien on file. Be careful, as the Texas lien requirements are both very strict and quite complicated. But at the end of the day, if your lien notices and affidavit are ignored, you will need to file suit exercise maximum leverage on the various parties to pay you. Often times the law allows you to recover your attorney's fees, so don't hesitate to reach out to a construction attorney for help.

Very best,

Ben House - 281-762-1377 - ben@houseperron.com

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