| Month 1: | Work/Materials Delivered |
|---|---|
| Month 2: | -- |
| Month 3: | Send Notice of Intent to Lien (by the 15th) |
| Month 4: | File Mechanic's Lien Affidavit (by the 15th) |
| Within 5 Days of Filing: | Send copy of filed lien to owner/GC |
| Within 2 Years: | (If unpaid) File lawsuit to enforce lien |
You can file an intent to lien after just 1 day—and in many cases, you should if:
1. Provide the Work
Ensure you have actually provided labor or materials.
2. Send Notice of Intent to Lien (Pre-Lien Notice)
Who: Subcontractors and suppliers (not general contractors)
When (Commercial): By the 15th day of the 3rd month after the work/materials
When (Residential): By the 15th day of the 2nd month
How: Certified mail with return receipt to owner and GC
3. File the Mechanic's Lien Affidavit
When (Commercial): By the 15th day of the 4th month
When (Residential): By the 15th day of the 3rd month
Where: County Clerk's office where the property is located
Cost: $20–$40 plus $1–$4 per additional page
4. Serve a Copy of the Filed Lien
Within 5 business days of filing, send a copy to the property owner (and GC)
5. Enforce the Lien (if unpaid)
Residential: Sue within 1 year
Commercial: Sue within 2 years
You may notice that "STATE OF TEXAS" and "COUNTY OF..." appear both at the top of the document and in the notarial section at the bottom. This is the correct legal format:
This dual appearance is standard practice for legal documents in Texas, especially those that will be filed with county offices. Each instance serves a distinct legal purpose and is not redundant.