Legal Question in Credit and Debt Law in Texas
Mechanics Lien
What is the process for filing a mechanics lien against a business for non-payment for services rendered, and will this require a laywer or can it be done on our own and be effective? For the use of a lawyer what is the usual fee for this service? Please include deadlines in filing this lien.
1 Answer from Attorneys
Re: Mechanics Lien
A mechanics lien is for labor or materials used in the improvement of real estate. A garageman's lien is for repair of vehicles. A mechanics lien requires notice of non-payment to the property owner by the 15th day of the third month after the work was done, and the lien affidavit filed, with notice to the owner, by the 15th day of the fourth month.
If you are a subcontractor, notice has to be given to the owner and general contractor by the 15th day of the second month, with the lien affidavit filed and notice given by the 15th day of the third month. All notices must be by certified mail.
You can do it yourself if you know how. If a lawyer does it, it can get expensive.
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