Legal Question in Construction Law in Texas
Contractor got levied, now I'm not paid
The company I have been subcontracted for the last four years, now tells me that they can not pay me and the other installers due to the IRS putting a levy on everything. She will not give us a case number for the levy so we can petition IRS to release our pay. What are our rights, if any?
Thank you,
1 Answer from Attorneys
Re: Contractor got levied, now I'm not paid
Send notice to the owners of the property you worked on that you haven't been paid, the amount the contractor owes you, and state that you intend to place a lien on the property for payment.
If it's been more than two months since you finished the work, you may be too late for filing a Mechanics & Materialmans Lien, since the first notice to the owner has to be sent not later than the 15th day of the second month after the month the work was done.
Notice goes by certified mail, with a copy to the contractor also by certified mail. If you're within the time limit, your lien affidavit has to be filed by the 15th day of the third month, so you'll have to find the real property description for your lien affidavit well before time to file.
If you're within the statutory time limits, and the owner hasn't paid you, you can move to foreclose and sell the real property to pay your wages.
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