Home>Levelset Community>Legal Help>When filing a TX 4th month notice (a Lien) and I have a 2nd and 3rd month notice also being filed, do I amend the 4th month notice or file multiple fourth month notices?

When filing a TX 4th month notice (a Lien) and I have a 2nd and 3rd month notice also being filed, do I amend the 4th month notice or file multiple fourth month notices?

We have multiple jobs where we file a 2nd, then 3rd, then its time for the 4th. We currently do not aggregate all outstanding debt for that job to the fourth month notice we file the fourth, and then any subsequent filings for the additional 2nd and 3rd months notices as required. Our concern is what do we do with the additional amounts when they come due for their own fourth month notice. File another or amend the original?

1 reply

Sep 7, 2017

Texas notice and lien requirements are some of the most complex and confusing in the country - but I think this situation can be cleared up for you.

Sending your monthly notices on the 2nd and 3rd month after the month in which you furnished labor or material and for which you still remain unpaid is the hard step. While the you are correct in the lien claim affidavit must be filed by the 15th day of the 4th month after the debt accrues - that wording has a very specific meaning according to Texas statutes.

Texas law specifically states that: "Indebtedness to a subcontractor . . . who has furnished labor or material to an original contractor or to another subcontractor accrues on the last day of the last month in which the labor was performed or the material furnished." This means that in Texas, a mechanics lien must be filed by the 15th day of the 4th month after the month in which the lien claimant last furnished labor or material to the project.

As long as the monthly notices (2nd and 3rd) are going out as required, the lien claim itself only must be filed once within 4 months from your last furnishing - at which point the total outstanding debt should be known to you. Hope that makes things easier for you.

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