Legal Question in Civil Litigation in Texas
Mechanic's Lien
When preparing an affidvait for claim or mechanic's lien, should the style of the pleading state the county that the lien is being filed in or should it state the county that the notary signed the document (assuming they are different)
2 Answers from Attorneys
Re: Mechanic's Lien
The affidavit shows the county where the real property is located, and where the affidavit will be filed. Texas notaries used to be by county, but now are for the State of Texas; no county shown.
Re: Mechanic's Lien
The mechanic's lien affidavit is not filed in a lawsuit, but instead is filed with the county clerk in Texas (althugh it may be come an exhibit to a pleading should a mechanic's lien foreclosure action be required). Thus, the affidavid does not have the style of the pleading at the top of the page as is required for pleadings in lawsuits. You can caption the document "Affidavit."
The notary section following your affidavit and signature ordinarily will reflect the county where the document is executed.
For self-helf mechanic's lien notices and forms, see:
http://members.cox.net/whitecgw/texaslaws.htm
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
