Contractor's lien
A lien represents a claim against an asset like a car or a house. Liens usually involve outstanding debts. To file a lien against someone's home, you must prove that you have not been paid. Most courts have specific rules about who is eligible and what debts qualify for liens. For example, a contractor who has performed substantial work on a property typically can file a lien if the homeowner fails to pay. However, some courts require subcontractors to sue the general contractors instead of the homeowners.
Instructions
1. Review the contract carefully to ensure that you and your business complied with your end of the bargain. If a written contract does not exist, summarize all of the terms from your perspective, which you will use later in court.
2. Contact the appropriate civil court about standard procedures. You usually must file a lawsuit in the city or jurisdiction where the work was completed. For example, if the property sits in Travis County, Texas, you should contact the Travis County Civil Court.
3. Prepare a petition that describes the reasons why you are requesting a lien (nonpayment). Many courts provide sample petitions or examples. Gather all receipts and information related to the work.
4. Attend the hearing and present your case. If the other person fails to attend, the judge should grant a default judgment. If the other person arrives, you must defend your claims.
5. File the default judgment or lien with the county recorders office. Make sure that the homeowner does not have a clean title. After you file the lien and cloud the title, the homeowner cannot escape his debt by selling his property.
Tags: file lien, default judgment, other person, Travis County
