Judgment Lien In Texas In Middlesex
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Four Steps to Filing a Lien in Texas Be Prepared on Every Job: Record Essential Information. Unfortunately, subcontractor nonpayment is common in the private commercial construction industry. Send a Pre-lien Notice. File a Mechanic's Lien Affidavit. 4. Mail a Notice to the Property Owner and General Contractor.
How does a creditor go about getting a judgment lien in Texas? To attach the lien, the creditor files the judgment with the county clerk in any Texas county where the debtor has real estate now (a home, land, etc.) or may have real estate in the future.
Creditors typically acquire property liens through your voluntary consent. On the other hand, creditors get judgment liens after winning a lawsuit against you for a debt you owe.
Generally, to file a judgment lien, an abstract of judgment must be issued by the justice court. Some justice courts have a form available on their website to request an abstract of judgment.
To file a lien claim, you will need: A brief description of the work you performed. The original contractor's name (general contractor) and mailing address (only if you are a subcontractor or sub-subcontractor). Sub-subcontractors will also need the name and mailing address of every subcontractor above them.
DURATION OF LIEN. (a) Except as provided by Subsection (b), a judgment lien continues for 10 years following the date of recording and indexing the abstract, except that if the judgment becomes dormant during that period the lien ceases to exist.
On non-residential projects, the lien filing deadline is the 15th day of the 4th month after the month in which they last furnished labor or materials to the project. In Texas, an action to enforce the lien must be initiated within 1 year of the last date the claimant could file a lien.
