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?

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

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.

0 people found this helpful

Helpful