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Maverick
Maverick, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 5767
Experience:  20 years of proefessional experience
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Remove mechanic lien on the business firm

Customer Question

remove mechanic lien on the business firm
Submitted: 1 year ago.
Category: Consumer Protection Law
Customer: replied 1 year ago.
(Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Maverick replied 1 year ago.
Welcome! My name is Maverick. I very much enjoy what I do and I hope that you will benefit from this information.
Can you please give us more background information so we can better assist you?
What State are you located in and asking about?
What type of entity is the business firm ? an INC, LLC
When and how was the lien filed?
What property was the lien filed on?
Customer: replied 1 year ago.
about more than 2 years ago, when I start construction for my small nails salon, in austin, texas. At that time my landlord ask me for the construction insurance I asked this guy to provide insurance but right after he collected $1000 for deposit; he emailed me and my landlord to cancel the contract so I had to pay more than $4000 to have insurance to cover for my construction. After that about 1 month he email me to ask for another $1000 because the contract was cancel (total contract is $3000) - I didn't pay and ask him to pay me back $700 because he didn't do anything and I agreed to pay him $300 because he did show up on the first meeting.
I did file a small claim court to ask him to pay me back $700 and I got the judgement. Right after that he filed a mechanic lien on the building that I signed lease for my nails salon. I did explain with landlord and landlord doesn't care, all she wants i have to deal with him to remove the lien. I did file the small claim court again to ask him to remove the lien however the judge said that is beyond his authority to judge. The judge suggest I may have to go to county court or district court for asking remove the mechanic lien.
Expert:  Maverick replied 1 year ago.
Yes, you can go to the county court to remove the lien. You will need to file a declaratory judgment action [DJA] where you seek an order that states that the lien is invalid either based on the law or the facts as you know them. Under Texas DJA law, you might also recover your legal fees if you win. I would suggest that you first send the other side a letter asking them to voluntarily remove the lien within the next 10 days; and if they don't you will have little choice but to hire a lawyer to help you do that and if you win, you will ask the court to order the other side to pay your legal bill. You can refer them to Sec. 37.009 at the link below:
http://www.statutes.legis.state.tx.us/Docs/CP/htm/CP.37.htm
If you need to find a lawyer, I would suggest that you look for a solo practitioner that won't charge you as much to get this done. While we are not permitted to refer a lawyer to you, you can find one by contacting the State Bar of Texas:
http://www.texasbar.com/AM/Template.cfm?Section=Lawyer_Referral_Service_LRIS_
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