Yes. You do not have to wait any number of days to file a lien affidavit after you have sent your required pre-lien notices. Many notices and liens are mailed and filed the same day. If you have concerns you will not get paid until you enforce a lien on the property you can always execute both documents at the same time.
Related questions and answers
It is important to know the name of the registered agent or legal representative of the company. If this name is not found, the copies of the lien documents should be sent to the company with attention to the person you know has the highest position.
Also known as Pre-Lien Notice, Second Month Notice Letter, Third Month Notice Letter or Notice Letter, a Pre-lien Notice Letter is a notice that Contractors, Subcontractor and Sub-subcontractors and Suppliers are required to send to the construction project owner and general contractor to establish the right to file a lien in the event of non-payment. The purpose of these notices are to inform the owner that a subcontractor has performed work or supplied materials that have not been paid. By giving notice, the project owner is allowed to retain payment from the general contractor. These notices are bound by specific deadlines depending on the type of construction project and type of contractor. However, it is recommended that subcontractors send notice as soon as the amount owed is due so the project owner can withhold the debt amount prior to releasing the payment to the general contractor.
No. Depending on where you are the definition of a lien waiver changes. In most places, a lien waiver is a “receipt” that states the debtor (person who owes a balance) has paid in full the debt and that payment was accepted waiving right to place a lien on the property. A lien waiver is the document used before filing a lien. A lien release (or lien cancellation) is the document that releases a lien that has already been filed.
It is a lien derived from the Texas constitution and it is not subject to the statues of the Texas Property Code. This type of lien allows any original contractor or supplier under direct contract with the project owner, eliminates the requirement of sending written prelien notices for an unpaid claim.
Yes, as long as the county you are filing with accepts it. However, some counties have moved to accept filing electronically only (due to social distancing requirements). Others do not accept filings by mail, only in person. It is best to call the county records office and verify which method is accepted before considering doing it in person. If you are considering filing by mail, we suggest doing so with enough time before the deadline to avoid the risk of having your lien rejected or invalidated.