When you have a construction project and haven’t been paid you need to file a lien. However filing a lien requires special knowledge and a special process to file the lien. Our attorneys have knowledge in filing, removing and protecting liens and when a lien doesn’t work we know how to file suit to protect the contract and interest in the project.
Sec. 53.052. FILING OF AFFIDAVIT. (a) Except as provided by Subsection (b), the person claiming the lien must file an affidavit with the county clerk of the county in which the property is located or into which the railroad extends not later than the 15th day of the fourth calendar month after the day on which the indebtedness accrues.
(b) A person claiming a lien arising from a residential construction project must file an affidavit with the county clerk of the county in which the property is located not later than the 15th day of the third calendar month after the day on which the indebtedness accrues.
(c) The county clerk shall record the affidavit in records kept for that purpose and shall index and cross-index the affidavit in the names of the claimant, the original contractor, and the owner. Failure of the county clerk to properly record or index a filed affidavit does not invalidate the lien.
We can help you file your affidavit and protect your lien.
If you need a lien attorney call our law firm, Alex R. Hernandez Jr. is ready to help. Call 1-888-HDZ-LAW-8.