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Small Claims Court Vs Filing On The Property

Discussion in 'Original Pictures Forum' started by JustMowIt, Oct 20, 2004.

  1. JustMowIt

    JustMowIt LawnSite Senior Member
    Messages: 367

    We are in Texas where workman have a right to claim a mechanics & Materialmans lien, so some state laws may be different & you should seek your attorneys advise, but this is our experience.

    Several years ago was our last time to go through all the time, effort, waiting, & fees only to walk with 1/2 of what was due us after weeks of pain.
    JP Judge's with no law degree in our state, usually award each party about 1/2 so neither party will pursue the decision further.

    Now, we send a certified return receipt demand letter, advising that in 15 days, we will file an affidavit to claim a lien. And, if so, we will add appox $400 of various fees, which actually cost us little.

    With this method, we do not have to make collection calls, leave the office, or fret about them. About 1/2 then pay us, & the other are surprised one day when they have sold their house, closing in 2 days, no time to extend the closing to fight it, the title Company calls for a release & we collect not only the principal, but the extra!

    It is a long wait sometimes, but is accruing 10% interest, a nice investment in time.
    MJ
     
  2. YardPro

    YardPro LawnSite Gold Member
    Messages: 3,570

    here you can have a mechanic's lien and it has to be released before a refinance or a sell
     

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