When can a mechanic's lien be enforced in court?

In Texas, a mechanic’s lien can be enforced in court when the owner of the property or the party responsible for the payment of a contract has not made payment. This is known as the period of lien enforceability and is the time period specified in the Texas Property Code. In order to enforce a mechanic’s lien, the lien holder must provide written notice to the property owner and the party responsible for payment of the impacted contract. This notice must be provided at least sixty days prior to filing a lawsuit in order to enforce the lien. The lien holder must also prove that they provided labor, services, or materials, and their contract was unpaid. This can be accomplished through providing proof of contract, indicating labor, services and materials provided, and the dates the items were provided. Finally, the lien holder must file an action in court to enforce the lien. This is known as a civil suit, and it is filed in the county in which the property is located. It is important to note that in Texas, lien enforcement must occur within four years of the date of the last delivery of labor, services, or materials for which an individual seeks payment.

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When can a mechanic's lien be enforced in court?

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