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Notice of Intent to lien deadline passed. What can I do?

TexasCollectionsNotice of Intent to Lien

I sent a notice of intent to lien on a project. However it was 7 months ago. They still have not paid. What can I do?

3 replies

Oct 18, 2022

It sounds like you probably missed the deadline to file your lien. However, you are not totally out of options. If you haven't already, I would call, email, text whoever owes you payment and request that they pay you or you will get a law firm involved. Sometimes, simply threatening legal action is enough to get paid. Be careful doing this, however. Only you know what kind of relationship you have with the business that owes you money. You can be as polite or direct with your demand as you want.

If that doesn't work, hiring a law firm and sending a demand letter on a law firm's letterhead can be an effective way at getting paid. The demand letter will likely threaten legal action if no payment is made within a certain time period. This is more of a threat than you simply calling them up demanding payment, as it shows you're serious enough about getting paid that you hired a law firm. This may or may not be worth it for you, depending on how much money you are owed.

If that doesn't work, you will probably need a lawyer to file suit for you, under a breach of contract claim. Again, this may or may not be worth it depending on the money you are owed.

If you feel like you need help from a lawyer, you can give us a call at Murphy Legal. Our number is (979) 690-0800. We have multiple offices in Texas with experienced construction litigation attorneys. 

Good luck to you!

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Oct 18, 2022
Prior to filing suit, you should let a certified commercial collection agency licensed and bonded attempt to collect the debt on a contingency bases so you don't have to spend any upfront money for the collection and the agency only earns a small percentage if they collect and your problem is solved. If for any reason we are not successful in collection you won't owe anything for the work and you can always file suit if recommended. Feel free to contact me for specific collection options. Best regards, Steve
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Oct 18, 2022

File suit to collect your debt.

Your lien time is gone

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