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One of the ways to collect on a judgment is by placing a lien on real property owned by the debtor. By filing a judgment lien, if the debtor sells any non-exempt property, the creditor may be able to get all or some of the money owed from the proceeds of the sale. A judgment lien lasts for ten years.
If a lien is filed on your property and you believe the lien is wrongful, you, the property owner have a right to contest the lien. In some cases, you may be able to file a summary motion to remove a lien. This is a lawsuit filed in district court that will allow the almost immediate removal of the lien.
Information you'll need for your Texas lien form It's an affidavit: Verify & sign. ... Amount of the claim. ... Name & address of the owner. ... Name & address of ?original contractor? & person that hired you. ... Description of your work and/or materials (by month) ... Property description. ... Your name & address.
Texas is a unique state when it comes to lien laws, especially in the residential world. Unlike many states, Texas is a homestead state, meaning homesteads have specific regulations for their protection?but can still also be liened under specific circumstances.
Actions Texas Homeowners Can Take When Faced With a Mechanic's Lien Lien Bond. One is to obtain what's known as a "lien bond" through a surety company. ... Petition a Court. Another is to petition a court (specifically, the Texas District Court that serves your county) to remove the lien. ... Attack Legal Deficiencies.
Filing a property lien in Texas requires obtaining forms and documentation from the county, paying taxes and other fees, including the property owner and lien holder information in the document, filing the document with the county in person or online, sending a copy of the document to the property owner to give notice ...
The lien release should be signed and notarized by the same person (contractor) who filed the mechanic's lien. Preparing and filing the document itself can be done by the interested party (i.e. the project owner) or any other individual.
Texas law protects the interests of general contractors, subcontractors, and suppliers by providing them with lien rights against construction projects. A lien is a claim or legal right against assets used as collateral to satisfy a debt.