lein

[tamwham2]

texas

is there a differance between a mech. lein and a propety lein gained through a court judgement?

also,

if i win in court and get an abstract of judgement, can i put this on the debtor's credit report?.... do i have to be a member of a credit reporting agency?
i figure my collections would be better if i could threaten and could legally put it on the debtor's report.

would dunn and bradstreet let me place information on their reports.....would i need to be a member?

GOD BLESS AMERICA
tamwham

 

[JETX]

Q1) "is there a differance between a mech. lein and a propety lein gained through a court judgement?"
A1) Yes, they are completely different.

Q2) "if i win in court and get an abstract of judgement, can i put this on the debtor's credit report?.... do i have to be a member of a credit reporting agency?"
A2) Only Equifax will accept submittals from non-subscribers.

Q3) "i figure my collections would be better if i could threaten and could legally put it on the debtor's report."
A3) Threatening to put it on the report when you can't would be a violation of the FDCPA if the debt is such that it requires compliance (not all debts are FDCPA debts).

Q4) "would dunn and bradstreet let me place information on their reports.....would i need to be a member?"
A4) You have to be a member.

 

[tamwham2]

MECH. LEIN

texas

thanks steve,
that is one of my major questions, about the difference in the mech. lein and a property lein, uh, so what is the differenace?

and thanks for the legal onfo regarding a possible "no-no" legally. i didn't realize it. anyway, i would want to only use that angle if i was a subscriber.....cya

 

[tamwham2]

oh, what does FDCPA stand for and can you offer me an example?

thanks
tamwham

 

[JETX]

Mechanics Lien:
Does NOT require a legal proceeding. Is filed by affidavit with the county clerk. Has specific timeframes. For specifics, see Texas Property code, Chapter 53
http://www.capitol.state.tx.us/statutes/py/py005300toc.html

Judgment Lien:
Requires a legal proceeding. File Abstract of Judgment with ANY Texas county where debtor has property. Becomes encumberance on title and personal index. For specifics, see Texas Property Code, chapter 52
http://www.capitol.state.tx.us/statutes/py/py005200toc.html

FDCPA (Fair Debt Collections Practices Act), see
http://caselaw.lp.findlaw.com/casecode/uscodes/15/chapters/41/subchapters/v/toc.html

 

[tamwham2]

clarification please

thanks steve, but please help me understand:

services were housekeeping and maintenace to an apt. community
$21000.00 due

first invoice is dated june 28, the work was completed on august 6th. they paid two invoices on july 28th, only $1001.00

so do i wait until the 4th month, november and have an affidavit in by the 15th of december?

also, i had the manager sign a paper stating that any invoices past 45 days will be charged a 10% late fee. can I include that money on the affidavit?

thanks again

 

[JETX]

There are a lot of issues in your post that would have to be resolved before you can get a definitive answer.

For example, did the manager even have the authority to sign an agreement??? What does the agreement say?? What are the conditions of the 10% penalty?? Does it apply only if NO payment is made, or full payment, or what?? Are you in contact with the person (manager?) who actually has the authority to deal with non-payment issues? Is the property OWNER aware of this problem?? What EXACTLY does your invoice say about payments? How do you invoice?? Are your billings correct?? What EXACTLY does the agreement say about payments and failure to pay? And so on....

As you can see, there are a number of issues, including the involvement of partial payments, that will need to be reviewed to determine your status. In my opinion, due to the complexity of your issues, it really isn't conducive to a factual legal opinion on a online forum and would require a complete review of your documents and facts. I suggest that you take all your information and documents and talk with an attorney. He is best able to sort through all the issues that I have listed (and more) to see what rights you have and actions to take.

An additional push towards you seeing an attorney is the amount of money being claimed. It is far in excess of the $5,000.00 limit of small claims and would require an action in a higher court anyway... and this would require the services of an attorney.