Artisan Lien Without A Contract

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State:
Multi-State
Control #:
US-00974BG
Format:
Word; 
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Description

This form is used to give notice of an Artisan's Common Law Lien. An artisan, sometimes called a craftsman, is a skilled worker who uses tools and/or machinery in a particular craft. A common-law lien is the right of one person to retain in his possession property that belongs to another until a debt or claim secured by that property is satisfied. It pertains exclusively to personal property.

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FAQ

For the most part, all contractors, subcontractors, laborers, design professionals, materials suppliers, and equipment suppliers who provide labor or materials to a property in Texas are not required to have a written contract (a verbal contract is sufficient) to qualify for the right to file a lien.

In Texas, a homestead is the person's primary residence, and it includes both the structure and the property. If you are working on a residential homestead property, you must have a formal written contract to file a mechanic's lien against the property.

Prior to filing a lien, a lienor who does not have a direct contract with the owner, must serve the owner with a Notice to Owner. The Notice to Owner must state the lienor's name and address, and a description of the real property and the nature of the services or materials being furnished.

It provides a right to claim a lien, to the extent a claimant is unpaid, against title to the land and buildings in question. It provides a claim against the owner's interest even if you have not contracted with that owner.

No, you do not need a written contract to file an Indiana construction lien. Oral contracts are sufficient if you have sufficient documentation to show the existence of an agreement or that you performed the work for which you are filing a mechanics lien claim.

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Artisan Lien Without A Contract