Step 1 — Determine Your Role and Project Type (This Controls Everything)
Before doing anything, confirm whether you are an original contractor (direct contract with owner) or a sub/supplier, and whether the project is residential or nonresidential. In Texas, the notice requirements and lien affidavit deadlines change based on role and project type, and using the wrong deadline can kill the lien.
Send the Required Texas Monthly Notices (If You’re a Sub/Supplier)
If you are not the original contractor, you typically must send the required monthly notice(s) by the statutory deadlines (commonly the 15th day of the relevant month). Texas often requires notices that go to the owner and original contractor, and for lower-tier claimants, an additional notice to the original contractor may be required earlier. Missing the correct notice for the correct unpaid month is one of the most common reasons Texas liens fail.
Step 3 — Prepare the Texas Lien Affidavit
Texas uses a lien affidavit (not just a simple “claim of lien” form). The lien affidavit must include required information and be properly executed, typically including a sworn statement and required project/claim details.
You may file:
In person
By mail
Electronically (varies by county)
Step 4 — File the Lien Affidavit with the County Clerk
Texas lien affidavits are filed with the County Clerk in the county where the property is located. Filing in the wrong county can invalidate the lien.
Step 5 — Serve the Lien Affidavit
After recording a Texas mechanics lien affidavit, a copy of the recorded lien must be sent to the property owner and to the original contractor if the claimant is not the original contractor no later than the fifth (5th) day after filing. Texas law requires service by certified mail, registered mail, or another method that provides written proof of delivery.
In addition, the lien claimant must retain proof of service, such as certified mail receipts, tracking confirmations, or other written evidence showing when and to whom the lien affidavit was sent. While Texas does not require a separate affidavit of service to be recorded, the burden of proof is on the lien claimant to demonstrate timely and proper service if the lien is later challenged. Failure to properly serve the lien affidavit or to maintain proof of service can invalidate the lien, even if it was otherwise correctly filed.
Step 6 — Enforce the Lien (If Still Unpaid)
If the claim is not resolved, you must file a foreclosure lawsuit within the statutory enforcement period. For statutory liens, Texas generally requires suit by the first anniversary of the last day you could have filed the lien affidavit, subject to statutory exceptions.