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what to do after lien is filed

TexasLawsuit

had a terrible customer, nothing but problems. we did not complete the project because we could no longer deal with the disrespect from the customer. the customer has received the lien paperwork and has send a 1.5 page letter from an attorney asking us to release the lien. we are not willing to do that at this time.

1 reply

Feb 27, 2020
It's extremely common for a customer's first reaction to a mechanics lien claim to be to challenge the lien. And, as you likely know, owners will often dispute a lien claim and ask for its release regardless of whether there's actually an issue with the lien. Levelset discusses that idea here: My Lien Was Challenged: What Do I Do?

Forcing payment after a lien has been filed

With that in mind, a lien filing, in and of itself, isn't always enough to get paid. Most of the time, further action won't be necessary. But, putting a little additional pressure on the customer can help. Here are some steps that can help with recovery after a lien is filed: The 4 Steps to Take After Filing a Mechanics Lien. As discussed in that article, one option that can help show a property owner that you're serious about getting paid is to send a Notice of Intent to Foreclose. That document will essentially let an owner know that you're willing to proceed with a lien enforcement lawsuit, if necessary. And, considering the stakes at play, owners can't really afford to take a threat like that for granted. In any event, if your lien has been disputed by an attorney and if there are contentions that the lien is improper - it might be worth consulting with a local construction attorney to make sure all of the documentation is in line and to look into the veracity of the claims. And, if legal action eventually becomes necessary, the help of an attorney will likely be very important.
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