What is the Proper Method to Serve the Pre-Lien Notice Letter or Lien Affidavit?

All notices and other documents required to be served under the Texas Property Code are considered properly served, when served, if sent by registered mail, certified mail, or by personal service.

Personal service may be made by the party, the attorney, a member of the attorney’s office staff, an agent for the attorney, or a commercial delivery service.  In person service is deemed complete when the document is delivered to the person or to the office where the document is addressed.

If you have already sent a notice and it was not sent by one of the above-mentioned methods, don’t panic yet, because if you can prove that the intended recipient actually received the notice, then the method by which the notice was delivered is immaterial.  In other words, even if the notice was sent by regular mail, facsimile, or email, you may have still satisfied the notice requirement if you can prove it was actually received by the intended recipient.