Texas Mechanics Lien Laws

What are the Necessary Steps for Filing a Lien?

Below are the bare minimum steps that must be completed in order to perfect filing a Mechanics Lien in Texas.  The deadlines and Documents that you will use to complete these steps vary depending upon whether the Property is commercial, residential, or a homestead.

When Hired by the Property Owner

Step One: Prepare and file the Mechanics Lien Affidavit with the County Clerk’s Office in the county where the Property is located within the statutory deadline.

Step TwoServe the Mechanics Lien Affidavit on the Property Owner within no later than five days from filing. how you can increase the odds of being paid when serving the Mechanics Lien Affidavit.

Step Three: File a Lawsuit to foreclose on the Mechanics Lien if you have not been paid within the statutory deadline, or waive your right to further enforce the Mechanics Lien. Contact our Texas Construction Lawyers to learn more.

When Hired by the General Contractor

Step One:  Serve the Property Owner and the General Contractor with a Pre-Lien Notice within the statutory deadline.

Step Two: Prepare and file the Mechanics Lien Affidavit with the County Clerk’s Office in the county where the Property is located within the statutory deadline.

Step ThreeServe the Mechanics Lien Affidavit on the Property Owner and General Contractor within no later than five days from filing. how you can increase the odds of being paid when serving the Mechanics Lien Affidavit.

Step Four: File a Lawsuit to foreclose on the Mechanics Lien if you have not been paid within the statutory deadline, or waive your right to further enforce the Mechanics Lien.

When Hired by a Subcontractor

Step One:  Serve the General Contractor with a Pre-Lien Notice within the statutory deadline (commercial Properties only—this step can be combined with Step 2 below).

Step Two:  Serve the Property Owner and the General Contractor with a Pre-Lien Notice within the statutory deadline.

Step Three:  Prepare and file the Mechanics Lien Affidavit with the County Clerk’s Office in the county where the Property is located within the statutory deadline.

Step FourServe the Mechanics Lien Affidavit on the Property Owner and General Contractor within no later than five days from filing. how you can increase the odds of being paid when serving the Mechanics Lien Affidavit.

Step Five: File a Lawsuit to foreclose on the Mechanics Lien if you have not been paid within the statutory deadline, or waive your right to further enforce the Mechanics Lien.

Again, the above steps represent the bare minimum that you need to do to perfect a Mechanics Lien.  Read on to learn how to maximize the probability of being paid through each step.

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