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Time frame for constitutional lien enforcement in Texas

I have a question regarding constitutional liens in Texas. When a vendor issues a Claim of Lien to the owner, what is the time frame for enforcement? Statutory liens have a one- or two-year deadline to enforce, but it's unclear to me if this applies to constitutional liens. Does the "catch-all" of four years apply here once the Claim is issued or does the vendor have to meet the one/two-year deadline above? It may be helpful to note that no written contract exists covering the relationship.

1 reply

Mar 13, 2020

Texas constitutional lien claimants won't have to follow the notice or deadline requirements which apply to statutory mechanics liens in the state. According to this resource from the Texas Bar Association, constitutional lien claimants will have 4 years from the accrual of their claim to enforce their lien. And, keep in mind that this refers to the accrual of the claim and not when the lien is actually filed. So, the deadline for the lien will relate to when the debt accrued and not necessarily from the date the lien was filed. I hope this was helpful! Here are some other questions we've answered on Texas constitutional liens recently: - Texas Constitutional Lien Rights/Process - Need Help With a Constitutional Lien - Help Filing a Constitutional Lien Then Foreclosing in Texas

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