Home>Levelset Community>Legal Help>I have filed a Lien, do I still attempt to try and collect money that is owed?

I have filed a Lien, do I still attempt to try and collect money that is owed?

Anonymous General Contractor

Homeowner is refusing to balance balance that is owed, I filed a Lien is there anything else that I should be doing to try and get our money?

7 replies

Matt Viator

Construction Lawyer

Levelset Admin at Levelset

| 988 reviews

May 6, 2020

Filing a mechanics lien isn't the end of the battle. Often, it will take a little extra effort to force payment. But, a mechanics lien filing will usually get payment talks moving and negotiation or settlement discussions started. And, if the customer or owner still isn't taking the debt seriously, then sending a Notice of Intent to Foreclose could wake them up. For more information on how to get paid after filing a lien, this article should be really useful: The 4 Steps to Take After Filing a Mechanics Lien. Additionally, keep in mind that liens are only one tool on the table. And, legal claims like breach of contract or claims under the Texas prompt payment laws could be effective options, too. Simply threatening those claims - like via a payment demand letter - might be enough to get the ball rolling.

The information presented here is not legal advice and should not be construed as such. Rather, this content is provided for informational purposes. Do not
act on this information as if it is advice. Further, this post does not create any attorney-client relationship. If you do need legal advice, seek the helSee More...See More...

5 people found this helpful

Helpful

Anonymous General Contractor

Question Author

May 8, 2020

Where do I find the article you mentioned; 4 steps to take after filing a mechanics lien.

Report Spam

Matt Viator

Construction Lawyer

Levelset Admin at Levelset

| 988 reviews

May 8, 2020

The article was hyperlinked in the above answer, but you can click here to read the article, as well.

0 people found this helpful

Helpful

E. Aaron Cartwright III

Construction Lawyer

Legal Guard Lawyer

Managing Attorney at E. Aaron Cartwright III, Attorney At Law

| 173 reviews

Apr 11, 2021

Hello,

You sue. Whether you would be able to enforce the lien against a homestead would be a VERY subjective question, you would still be able to enforce your lien rights in the appropriate court with the appropriate causes of action.

E. Aaron Cartwright III
214.789.1354
Aaron@EACLawyer.com

I am an attorney but I am not your attorney... yet. The information provided here does not create an attorney/client relationship.
See More...

3 people found this helpful

Helpful

Jane Johnson

Jul 19, 2021

When did you file the initial Notice of Intent to Lien?

Report Spam

Brad West

Nov 30, 2021

I filed mine immediately after I knew he wasn’t going to pay me. I have had non-payment happen before and used Levelset to send a LOI and I had payment within 3 days. This time, it’s not “scaring” this customer bad enough to pay. I am goong to have to actually file a lien.

Report Spam

Mark Bennett

Manager at MacPaw

Nov 7, 2022

Fine!

Report Spam