senioratk said:
State of Texas. Is there a time limitation for filing a claim in small claims court? I performed contract work on a new home and was never paid. If I win, can I garnish wages if not paid and is there a time limit for that?
My response:
The presumption is that you had a written contract. In that case, you have a 4 year Statute of Limitations to file a lawsuit. The presumption is also being made that you are a licensed contractor. If you aren't a licensed contractor, I believe that State law provides that you can only charge and sue for a certain amount - - although, I'm not sure of that amount. You might call your State Contractor's Licensing Board for specifics.
If you win a judgment, and the judgment remains unpaid beyond the time limit set forth in your judgment papers, you can execute on that judgment in a number of ways; from wage garnishment to attaching bank accounts, and everything in between. Although homesteads are generally exempt from creditors’ claims, they are subject to certain liens. The most common liens to which homesteads are subject are: (1) a lien for purchase money; (2) a lien for taxes due on the property; and (3) a lien for work and materials furnished in building improvements on the property, but only if the work and labor were furnished pursuant to a written contract. Texas Property Code § 41.001(b).
Judgments are good for 10 years, and renewable for another 10 years in Texas, as long as you renew the judgment prior to the initial 10 years' expiration. Additionally, a judgment also accrues interest at the rate of 10% per annum. So, if you can do without the money for at least 10 years, it's better than putting that money in the bank because I know you can't get 10% in any bank account ! So, just let the judgment sit, and when you need the money, then execute on the judgment.
If, instead, you choose to file and serve a Notice of Mechanic's Lien:
Preliminary Notice:
GENERAL CONTRACTOR: Notice must be sent by the 15th day of the 3rd calender month following labor and/or material. A separate notice is required for shipments falling in different months.
SUB-CONTRACTORS: Notice must be sent by the 15th day of the 2nd calender month following labor and/or material. A separate notice is required for shipments falling in different months.
Mechanics Lien:
Lien must be recorded by the 15th day of the 4th calender month after last labor and/or material.
File suit to enforce lien within 2 years after last labor and/or materials.
Good luck to you.
IAAL
[Edited by I AM ALWAYS LIABLE on 02-19-2001 at 12:56 AM]
