We're a Heavy Equipment company that repaired several machines for a customer that is not paying. Can we file a mechanic's lien or what type of lien corresponds to us?
If you still possess the equipment, you may have a lien under Chapter 70 of the Texas Property Code. The lien is possessory, meaning you have to be holding the equipment.
An equipment repair company is not listed among those with a right to file a mechanic's lien under Section 53.021 of Chapter 53 of the Texas Property Code, which lists the persons who are entitled to file a mechanic's lien against the real property on which construction improvements have occurred.
You can review Section 53.021 at the following link:
https://statutes.capitol.texas.gov/Docs/PR/htm/PR.53.htm
Retain a construction attorney to evaluate your legal rights and to provide advice.
Good luck.
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If you know a lawyer, ask him to familiarize you with Section 53.021