Have 2 jobs. one owes $4000 other owes $3000. filed liens on both and recently sent demand letter. no responses
1 reply
Aug 19, 2020
Once a mechanics lien has been filed, there are generally a few different steps that can help force payment. Levelset discusses that in detail here: The 4 Steps to Take After Filing a Mechanics Lien. Still, let's take a quick look at some options.
For one, making sure that everyone who might be interested in the lien has notice of the claim is a good step. Even if it's not required, sending notice of the claim to your customer, to the owner's mortgage company, etc. might help.
After that, it's usually time to negotiate payment. Calling up your customer, the GC, and the owner (as applicable) and trying to get paid makes a lot of sense - nobody wants the lien claim to go any further. Even if you were hired by a subcontractor, the GC or owner may be willing to pay you directly to make the claim go away. If these parties aren't taking the debt seriously, forcing their hand with a Notice of Intent to Foreclose could get their attention. Or, threatening additional legal claims - like breach of contract, under the TX prompt payment laws, etc. - could put more pressure on the customer.
Finally, keep in mind that some liens might have to be enforced if they'll lead to payment. Alternatively, sending the debt to collections or pursuing some other legal claim via small claims court could be options. If it comes to that, consulting with a local TX lawyer might help: Top Texas Construction Lawyers.