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Constitutional lien?

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mammatimes4

New member
ipaid a contractor to dig and set my well 4 years ago. The guys did a great job. I was asked to pay the bill which I did over the phone with my CC. The company admits that. However, 4 years later at closing on the property, I am notified that this contractor has filed a constitutional lien for payment! Now, I cant close on my property, I have a bill of sale that I paid this guy and I dont know what to do! I am wondering if I let the title company pay him AGAIN, just to close, if I can take him to court after fr the bogus lien.
 


FlyingRon

Senior Member
Constitutional liens only have four year life. When was the lien filed?
Have you contacted the vendor and demanded (in writing) they release it? That's going to be the first step.
Otherwise, you'll have to go to court. There's an "expedited" procedure for this. You do have an attorney involved in the sale anyway? He can easily deal with this.
 

mammatimes4

New member
Constitutional liens only have four year life. When was the lien filed?
Have you contacted the vendor and demanded (in writing) they release it? That's going to be the first step.
Otherwise, you'll have to go to court. There's an "expedited" procedure for this. You do have an attorney involved in the sale anyway? He can easily deal with this.
I have contacted the vendor, sent them the paid bill, and all coorespondence. They just keep telling me to pay my bill and shut up. I am trying to contact a lawyer now to deal with this....but it takes a while to do so. I have not notified them in writing demanding that they release the lien. I will do so now.
 

mammatimes4

New member
I have contacted the vendor, sent them the paid bill, and all coorespondence. They just keep telling me to pay my bill and shut up. I am trying to contact a lawyer now to deal with this....but it takes a while to do so. I have not notified them in writing demanding that they release the lien. I will do so now.
the lien was filed in 2018 january. 2 years after work was done and paid for.
 

LdiJ

Senior Member
ipaid a contractor to dig and set my well 4 years ago. The guys did a great job. I was asked to pay the bill which I did over the phone with my CC. The company admits that. However, 4 years later at closing on the property, I am notified that this contractor has filed a constitutional lien for payment! Now, I cant close on my property, I have a bill of sale that I paid this guy and I dont know what to do! I am wondering if I let the title company pay him AGAIN, just to close, if I can take him to court after fr the bogus lien.
Contact him first to see if it was a mistake that he will correct. If he refuses to correct it them immediately sue him to get a judge to order him to release the lien.

Also, its not a constitutional lien, its a contractor's lien or mechanic's lien.
 

Zigner

Senior Member, Non-Attorney
Contact him first to see if it was a mistake that he will correct. If he refuses to correct it them immediately sue him to get a judge to order him to release the lien.
You missed this:
I have contacted the vendor, sent them the paid bill, and all coorespondence. They just keep telling me to pay my bill and shut up. I am trying to contact a lawyer now to deal with this....but it takes a while to do so. I have not notified them in writing demanding that they release the lien. I will do so now.
 

not2cleverRed

Obvious Observer
Contact him first to see if it was a mistake that he will correct. If he refuses to correct it them immediately sue him to get a judge to order him to release the lien.

Also, its not a constitutional lien, its a contractor's lien or mechanic's lien.
Wrong. This is in Texas. The correct term is constitutional lien: a lien executed by the original contractor, attached to the building/article improved.
 

quincy

Senior Member
Last edited:

quincy

Senior Member
Ahh...Like using the correct term "constitutional lien" as opposed to say..."contractor lien" or "mechanic lien"??
Yup. The requirements for filing a mechanics lien (statutory lien) must be met or the lien is unenforceable. One requirement is that an affidavit must be filed by the claimant with the court within a short period (3 months?) after the debt accrues.

A constitutional lien does not have the same claim requirements because lien rights come from the Texas Constitution. But only the original contractor can claim a constitutional lien.

With a statutory lien, mamma perhaps could/could have filed a summary motion based on contractor's failure to comply with the statutory requirements (if true).

It still might be possible to sue over the filing of a fraudulent lien claim.

But I only skimmed the original post so I do not know what might apply and what doesn't.
 

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