Hello, I have a customer that we did work for from June to October and refuses to pay. She claims there is additional work required however, the work she wants done was not included in the scope of work on the estimate/contract she signed. We have sent numerous invoices and I filed an Affidavit of Lien on Homestead on 11/1. What do I do from here? I'm unsure if I missed a step or if there was a different document I needed to complete. My intention is to file a constitutional lien and sue to collect and foreclose.
It sounds like you are on the right track here. A good next step would be to try and negotiate with the homeowners to get them to pay voluntarily. I would call them, text, and/or send them emails. Anything that you think will get their attention. In your communication I would remind them that you performed your obligations under the contract and that if they don't pay, you will have no choice but to foreclose on the lien.
If they still don't pay, next step would probably be hiring a lawyer and foreclosing on the lien. At Murphy Legal, we send a formal demand letter with a deadline for the homeowner to send payment. If we get no response, we immediately follow through on our threat and begin the foreclosure process.
If you are unable to obtain payment on your own and you need forclose on your lien, you will need to hire an attorney. Feel free to give Murphy Legal a call. We handle lien foreclosures all across Texas. Our phone number is (979) 690-0800.
Good luck!