Legal Question in Real Estate Law in Texas

Release of Mechanics Lien question

A sub-contractor filed a Mech. Lien on our property because a contractor owed him money. Sub-Contractor filed a lawsuit asking for $8,130 which is what the Contractor owes him. The Contractor went to Sub's office with cashiers check for $8,130 (the amount named in the lawsuit) and the Sub wouldn't accept it. Sub said now the settlement amount is $11,977 which includes his attorney's fees. Can he do that? If so, where does it end? The lawsuit does state that the Plaintiff is entitled to collect the $8,130 plus pre-judgment and post judgment interest until sum is collected along with atty fees of $15,000 for trial of the case, $15,000 for handling successful defense of appeal, and $5,000 for filing of successful response to a Petition for review in the supreme Court of Texas; and all court costs and such other further relief to which Plaintiff may be justly entitled. Maybe I just answered my own question. CAn you advise anyway? Thanks


Asked on 7/27/07, 6:30 pm

1 Answer from Attorneys

Johm Smith tom's

Re: Release of Mechanics Lien question

If I were the sub, I would not accept the lower check amount either.

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Answered on 8/01/07, 11:17 am


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