Filing for a mechanics & materialmen’s lien in Texas is a complicated process. Dunnam & Dunnam attorneys help secure and fight liens in Central Texas. Liens are sworn legal documents that outline debt. Creditors use these papers to guarantee payment for services or materials provided. A Waco real estate lawyer can help navigate this process for you.
What types of liens are available in Texas law?
- Statutory Lien – This is available to anyone who supplies labor or materials to a construction project through a written or verbal agreement. Statutory liens have specific deadlines and strict notification rules enforcing when, how, and to whom these notifications are sent.
- Constitutional Lien – This lien is provided by the Texas Constitution and only available to individuals who have a contract with a property owner where the project is under construction. These liens do not need any notification or adhere to any timelines as a statutory lien does.
What can a property owner do about mechanics and materialmen’s lien in McLennan County?
If a claimant unlawfully files a mechanic’s lien on his property, then that property owner has the option of filing a summary motion to remove the invalid or unenforceable lien, which the courts are supposed to determine promptly according to Texas Property Code § 53.160. If the property owner is successful, then that person can seek to recover attorney fees from the claimant who filed the invalid or unenforceable lien.
Experienced Texas mechanics and materialmen’s lien attorneys
Dunnam & Dunnam lawyers have decades of experience in liens. Our Waco mechanics and materialmen’s lien attorneys can ensure the right procedures are followed for mechanics and materialmens liens. Call 254-753-6437 for a free consultation about your lien.