Texas Mechanics Lien Laws

How Do I Serve the Pre-Lien Notice?

The Pre-Lien Notice may be served by any one of the following methods:

Personal Service:  You may serve the Pre-Lien Notice by personal delivery to the person entitled to receive the Notice.  If you chose to personally serve the Notice, you should consider using an independent process server who can confirm under oath that the Notice was timely and properly served. 

Certified or Registered Mail:  You may serve the Notice by certified or registered mail, with return receipt requested.  This is the preferred and least expensive method of service.  When served by this method, the Notice is deemed served on the date post marked even if the addressee does not accept or receive the Notice (as long as you can prove the Notice was actually sent to the addressee’s last known address).

Practice Pointer

As an exception to the service rules, if a Notice is actually received by the person who is entitled to receive it, the method used to serve the Notice is immaterial.  In other words, if you failed to properly serve the Notice by one of the required service methods, but can prove it was actually received within the deadline, you should be able to establish that the Notice requirement was satisfied.

Still have questions? Click here to anything.

« Previous Question | Next Question »