File a Lawsuit

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TEXAS CONSTRUCTION LAWYERS
Call (888) 368-2483

The Lien Guru was created by the construction lawyers at Lovein Ribman, P.C. as a free informational resource for the construction industry.  The purpose of the website is to provide quick, easy to understand answers to the everyday legal questions that contractors, subcontractors, and suppliers encounter in regard to enforcing or withholding payment.  If you are interested in learning more about your rights to enforce payment under Texas law, please click on any one of the three informational tabs titled “Learn How to Enforce Payment,” “Understand the Texas Lien Laws” or “Understand Pre-Lien and Lien Filing Deadlines.”  If you are ready to take the next step, read below …

What’s the goal? To get paid, of course! In order to do that, you must keep the pressure on the debtor. If you have a legitimate claim, filing a Lawsuit will do that. If you filed a Lien and you have still not been paid, then filing a Lawsuit is simply just the next step in the Lien Filing Process. If you did not file a Lien and have missed the deadline to do so, then a Lawsuit is your first step (other than sending a formal Payment Demand Letter) to enforcing payment.

When you file a Lawsuit, you force the debtor to defend against the claim. This is something they do not want to do if there is not a legitimate basis for withholding payment–it is cheaper (and easier) to just pay the amount owed. Second, even if there is a legitimate dispute over the amount owed, filing a Lawsuit will bring out the disputed facts and may speed up resolution of the dispute. Third, if you are suing to foreclose on the lien, the law mandates that you sue the Property Owner. This usually not good for the debtor; especially if the Property Owner has already paid the debtor for your work and the debtor has diverted the funds to pay Non-Project debts in violation of the Trust Fund Statute.

We make filing a Lawsuit easy! Here is the way it works: for no charge we will analyze your legal matter. If you decide to retain us to file a Lawsuit, we will gather all necessary information from you via email exchange, telephone, in-person, or facsimile. There is no need to come to our offices, unless you want to! From there we take the information and prepare the Petition (which is the Document that initiates the Lawsuit). Within the Petition we will sue for breach of contract, fraudulent inducement to enter into a contract (if applicable), violation of the Trust Fund Statute (if applicable), violation of the Prompt Payment Act, and to foreclosure on the Lien (if applicable). We will request the Court to award money damages in the amount owed, to award interest on that amount, cost of court, attorneys’ fees, and statutory penalties (when applicable). We then have a professional process server locate and personally serve the defendants with the Lawsuit.

There are no fees or costs associated with the first step. To initiate the process, simply click below to provide us with some basic information regarding your situation. We will then contact you via email or by phone to discuss your case and the potential retention of our firm to represent you in a Lawsuit to collect your debt. Now is the time to get started!

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TEXAS CONSTRUCTION LAWYERS
To Learn More, Fill Out this Simple Form or Call 888-368-2483
Ask for Robert M. Lovein

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