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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 117370
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I did work on a friends home. I have receipts and labor

Customer Question

I did work on a friends home. I have receipts and labor costs. She won't pay now. I want to file a mechanics lien.
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Did you have a contract with her to be paid for the work?

How long ago did you complete the work?

You realize that even if you file a mechanic's lien you have to sue to collect?

Customer: replied 1 year ago.
No contract.
Last 6 months.No problem.I just want to file it and place it on the property.
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your reply.

I am afraid pursuant to Texas Codes §53.084, §53.101 and §53.103, you had 30 days to give notice of the lien after completion of the work. If the work was done in the last 6 months, that is too long and if you try to put a mechanic's lien, you can be sued and made to pay the other party's legal fees.

Also, you have to prove you had a contract with her to perform the work and that she agreed to pay you. If you have that proof, then even though you cannot file a mechanic's lien because it has been too long, you can sue her in court for the money she owes you less than $10,000 you can sue in small claims without an attorney.