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What should I do after a Lien has been filed

TexasMechanics Lien

I have filed a lien and heard nothing from the owner or GC on the project. Is there anything else I could file? Is there a time period after a lien is filed that you have to file a lawsuit?

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Sep 26, 2019
If you file a mechanics lien and you still aren't paid, you have options, and you are still in an excellent position. There is a time period after the lien is filed that you have to file a lawsuit (or the lien will expire). So you want to keep your eyes on that. The good news for you is that in Texas, it's a nice long period and so you should have a lot of time to make moves and escalate the situation. Here is a breakdown of some things you will want to consider. In the Levelset article on How to File A Mechanics Lien in Texas, there is a section titled "What you need to know & do after you file your Texas mechanics lien."  That's a good place to start to get more information. How long do you have after filing a Texas Lien before it expires? In Texas, the deadline to foreclose on the lien claim is either 2 years from the last day of the filing period or 1 year from completion of the work, whichever is later. On residential projects, the period is a bit shorter: just 1 year from either date, whichever is later. In either case, though, this is a nice long period that gives you time to make demands, escalate the situation, and get your claim paid. What are some next steps after filing a Texas lien? What are your next steps after filing a Texas mechanics lien?  Here is an article that outlines 4 steps you should take if you have time:  The 4 Steps To Take After Filing A Mechanics Lien.  Those 4 steps are:
  1. Send a copy of the lien to everyone (make sure this was done)
  2. Communicate with the person/people most likely to pay / and call the property owner
  3. Send a notice of intent to foreclosure
  4. File the foreclosure lawsuit
As you can see, the foreclosure lawsuit is the last step. You may be compelled to do this if all else fails.  But, make sure you're getting everyone's attention first. To see how mechanic lien filings hit certain pressure points on a job take a look at this article - "How Mechanic Liens Work To Get You Paid." This will enumerate 17 different ways that a lien could work to get you paid. They may not apply to your job and situation, but when you review this list, it should give you an idea of what could work in your favor. Also, notice that #3 is a "Notice of Intent to Foreclose."  This is not a required document and is not a required step. But it is a very good idea if you have time. This will further escalate your claim to get more and more attention...Read more about these documents here:  What is a Notice of Intent to Foreclose? The Foreclosure Lawsuit -- How to Enforce The Lien & Whether You Should Finally, if all else fails, then yes, you will need to file a lawsuit to enforce your lien. First, you'll have to think about whether the juice is worth the squeeze. To help you think through this, consult this article:  Is Foreclosing A Mechanics Lien Worth It? And to better understand the process, consult this article:  What is "Enforcing" A Mechanics Lien? And finally, when it's time to move forward with the lawsuit (or before, if you want to escalate the situation by hiring an attorney), you're going to need a construction lawyer.  Here is a list of great construction lawyers that practice in Texas.   And if you happen to be in or around Austin, here is a blog post listing some of the top construction attorneys in Austin. Good luck!
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