Legal Question in Credit and Debt Law in Texas

Being Ignored

An attorney 'friend' called and asked if I would do some work on one of his clients house. Insurance Co. had already paid 20k for the work based on several estimates. I told him I could do it for 13.5k. He said he only had 12k to work with as he had needed to take some of the monies out of nessisity. As favor to him I agreed to do work for 12k.He agreed to pay me 50% up front, 25% at completion of work, and the 25% balance when the house recieved a clearance by Environmental Co. He assured me he had the money and I would be paid promptly.

Long story short, I was paid the $6000. Finished job on 12/07/03 and house recieved clearance 12/15/03 by an Enviro Co of his choise. I have still have not been paid.

He (atty) tells me he doesn't have it, but tells homeowner that he has paid me.

I sent reg./rec. Certified Demand letter to both homeowner and attorney. After 15 days of no-response I filed Affidavit for M&M Lein in Harris County 01/29/04 where property is.

I have heard nothing.

What steps should I take next? Is it time for me to get myself an Attorney? Can Atty costs be added on? Your help is greatly appreciated.


Asked on 2/12/04, 11:50 am

1 Answer from Attorneys
Peter Bradie Bradie, Bradie & Bradie

Re: Being Ignored

I don't know if you've followed all the necessary steps in order to place a valid lien on someone's homestead. If you haven't you've placed an improper cloud on the owner's title. If you have, then give them a few months before proceeding to foreclose on the M&M lien.

If the lien a valid, you are entitled to attorney fees on top of the liened amount.

I suggest you meet with an attorney to see exactly where you stand. We handle M&M liens.

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Answered on 2/12/04, 6:36 pm


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