The first step in lien release or removal is to contact the judgment creditor or its attorneys, inform them that the lien is invalid (see Part One below) or is currently showing against the homestead (see Parts Two and Three below) and then make formal demand that the creditor execute a partial release—or legal action ...
You must file a Motion to Set Aside Default Judgment and Notice of Hearing within 30 days of the date the default judgment was signed by the judge. See Texas Rule of Civil Procedure 329(b). In Justice Court, the deadline is 14 days. See Texas Rule of Civil Procedure 505.3.
Until payment requirements can be met, creditors may place liens on property to settle their debts. The homeowner is responsible for keeping track of and paying off all debts on time to avoid having liens placed on their home without their knowledge.
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.
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.
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.
Interested persons may visit the county clerk's office where the lien is filed and examine relevant public records. Alternatively, the searches can be done online using the county clerk's online search tool (if available in the county of interest).
On residential projects, the deadline to file a Texas mechanics lien is the 15th day of the 3rd month after the month the contract was completed, terminated, or abandoned.
You are judgment proof if: You do not own anything of great value aside from exempt property like your homestead, a vehicle, household items and tools of your trade. Your income is from a protected (exempt) source.