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Sam, Attorney at Law
Category: Legal
Satisfied Customers: 27011
Experience:  More than 20 years of experience practicing law.
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Does an intent to file a lien have to be mailed by Certified

Customer Question

Does an intent to file a lien have to be mailed by Certified Mail to the property owner in the State of Texas. We had a "Contractor" do some remodel work on our house. He has not given us the proper credits on the invoice and we are not paying until he gets his bookwork correct I have copies of checks we have given him and gives us all the credits for work not complete>
Submitted: 1 year ago.
Category: Legal
Expert:  Sam replied 1 year ago.


This is Samuel and I will discuss this and provide you information in this regard.

The Texas statute state the following:

Sec. 53.003. NOTICES.

(a) This section applies to notices required by Subchapters B through G and K.

(b) Any notice or other written communication may be delivered in person to the party entitled to the notice or to that party's agent, regardless of the manner prescribed by law.

(c) If notice is sent by registered or certified mail, deposit or mailing of the notice in the United States mail in the form required constitutes compliance with the notice requirement. This subsection does not apply if the law requires receipt of the notice by the person to whom it is directed.

(d) If a written notice is received by the person entitled to receive it, the method by which the notice was delivered is immaterial.

So no. The law does not specify it must be by certified mail. It should either be hand delivered or it can be mailed via CMRRR

Please let me know here if you have other questions or need clarification. Otherwise a Positive rating ensures i get credit for my time.