Legal Question in Business Law in Texas
Materials lien
Does a lawyer have to file a mechanics lien? I am a small business and i have a few customers who haven't paid. I already have judgements and abstract of judgment filed in the appropriate counties. I have been told to get liens against the people and i was wondering if a lawyer has to do this? I there somewhere i can look to see local lawyers who do liens?
2 Answers from Attorneys
Re: Materials lien
This is not an overly complicated proposition. You could find a local attorney to handle it at the state of texas bar association website. Just google it. You could try it yourself, but it would probably take you more time than it could cost to have an attorney do it.
Re: Materials lien
You don't need a lawyer to prepare and file a mechanics and materialmans lien for work that improves real estate. You do have to meet some specific statutory requirements and timetables or else the lien will not attach. The first time or two will be aggravating, but that's part of the learning curve. If you expect to be filing M&M liens on a regular basis, the time invested will be well worthwhile.
If you are dealing with someone's homestead there are a number of statutory hurdles you have to get over before you start work.
If you already have judgment, it's too late for an M&M lien. Filing the abstract gives you a lien on the debtor's real estate in the county where the abstract is filed. You just can't levy and sell the debtor's homestead.
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