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Can I loose my claim?

TexasLien ForeclosureMechanics Lien

I'm a Contractor who has placed a mechanics lien on a homeowner for non payment on a job. Homeowner has contacted me about taking it to a judge and he assured me I would loose the case. How can I know what to expect next and be well represented in that case. My Mechanic Lien is only for 3,100.

3 replies

Jun 19, 2020
Your best, and really only, bet to get the information you need is to hire an attorney. A good construction law attorney will be able to tell you exactly how strong or weak your lien claim is based on some specific information that you can provide. While your lien claim is on the smaller end, attorney's fees are recoverable on lien and contract claims, meaning you may well have a claim worth protecting. Feel free to reach me directly if you'd like to talk about this case in greater detail. Very best, Ben House 2817621377 ben@houseperron.com
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Jun 19, 2020
Thank you Ben. I will be reaching out to you
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Jun 23, 2020
Hello, The quick answer is yes. But there are a number of steps the homeowner would have to take to remove the lien. All of which would be more expensive than paying the lien amount to the contractor. Essentially, the homeowner would have to sue the contractor to remove the lien. If the contractor does not answer the suit, the homeowner can win by default and also win their attorney fees. If the contractor does enter the suit, both parties are looking at an expensive battle. Additionally, there is a time limit a contractor has to foreclose its lien claim. If it is constitutional, a contractor has four years to foreclose the claim (which means filing suit against the homeowner). If it is statutory, the contractor has roughly a year to file suit to foreclose the claim. Thanks, Courtney E. Stricklen Lead Senior Associate Attorney 8431 Katy Freeway Houston, TX 77024 Tel: (713) 715-7334 www.TheCromeensLawFirm.com Privileged Attorney-Client Communication and/or Attorney Work Product: The above message and attachments, if any, are confidential and may be protected by the attorney/client privilege and/or attorney work product. The unauthorized disclosure, use, dissemination or copying of this e-mail, or any information it contains, by anyone other than the intended recipient, is prohibited. If you are not the named recipient, or have otherwise received this communication in error, delete it immediately and notify the sender at the office number listed above or by return email.
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