This form is a sample letter in Word format covering the subject matter of the title of the form.
This form is a sample letter in Word format covering the subject matter of the title of the form.
Even though sending a Notice of Intent to Lien is an optional (not required) step in the state of Texas, they are frequently successful at producing payment (without having to take the next step of filing a lien).
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Generally, to file a judgment lien, an abstract of judgment must be issued by the justice court. Some justice courts have a form available on their website to request an abstract of judgment.
In Texas, subcontractors and suppliers with a written contract must provide a pre-lien notice after a designated period has passed with no payment. Failure to follow the smallest procedure can leave contractors and others without the legal might of a lien to obtain rightful payment.
To file a lien claim, you will need: Property owner's name (or company name) and mailing address. Project address and the county where it is located. The amount owed for each month you performed the work that remains unpaid. A brief description of the work you performed.
The notice must be sent via USPS-certified mail or another traceable delivery method that confirms receipt. Keep the receipt for your records. The notice should be sent to both the property owner and the general contractor. Sub-subcontractors are advised to also send a copy to the subcontractors above them on the job.
Requesting a Writ of Execution Another way a creditor may try to collect their judgment is through a writ of execution. A writ of execution allow the debtor's non-exempt property to be seized and sold. The proceeds from the sale go to the debt owed to the creditor.
A Notice of Intent to Lien is a formal warning sent to property owners and general contractors that a mechanic's lien may be filed if payment for work or materials is not received. This critical document, also known as a pre-lien notice, is often the first step in how to file a lien for unpaid work in Texas.
To file a lien claim, you will need: A brief description of the work you performed. The original contractor's name (general contractor) and mailing address (only if you are a subcontractor or sub-subcontractor). Sub-subcontractors will also need the name and mailing address of every subcontractor above them.
DURATION OF LIEN. (a) Except as provided by Subsection (b), a judgment lien continues for 10 years following the date of recording and indexing the abstract, except that if the judgment becomes dormant during that period the lien ceases to exist.