Home>Levelset Community>Legal Help>What trigger date do I use to determine the lien claim deadline in TX?

What trigger date do I use to determine the lien claim deadline in TX?

Anonymous Contractor

I'm an equipment lessor in Texas. In your system, the lien claim deadline is triggered by "Date Labor or Materials Last Delivered". Is that the date that we first deliver the equipment to the job site? Or do I use the date that the rental equipment is returned to us? Or some other date?

1 reply

Matt Viator

Construction Lawyer

Levelset Admin at Levelset

| 997 reviews

Jan 26, 2018

This is a good question - under Texas Property Code § 53-052, the time for filing a lien is based on the accrual of indebtedness. Under the next section, § 53-053, for a supplier, that indebtedness will accrue "the last day of the last month in which the labor was performed or the material furnished." So, using the last date for which the equipment was furnished pursuant to the lease agreement would seem to be the proper date to base a lien deadline on.

The information presented here is not legal advice and should not be construed as such. Rather, this content is provided for informational purposes. Do not
act on this information as if it is advice. Further, this post does not create any attorney-client relationship. If you do need legal advice, seek the helSee More...See More...

0 people found this helpful

Helpful