Mechanics Lien Filing Package — Texas

Mechanics Lien Filing Package (Texas)

Quick-Reference Summary

Part A — Pre-Lien Notice (Texas Notice of Claim, Tex. Prop. Code § 53.056)

A.1 Recipients

For subcontractor / supplier claims on non-residential projects (post-1/1/2022):

• Owner (or reputed owner per current deed of record);
• Original contractor (the GC in privity with owner).

Original contractors are not required to send a pre-lien notice prior to filing their lien affidavit.

A.2 Required Content (§ 53.056(d))

The notice must:

1. Identify the claimant by name and address.
2. Identify the party with whom the claimant contracted (the "hiring party").
3. Describe the labor or materials furnished and the month in which they were furnished.
4. State the unpaid amount.
5. Identify the project sufficiently (street address + legal description if known).
6. Include the verbatim Notice to Owner of Possible Lien warning set out below.

NOTICE OF CLAIM AND NOTICE TO OWNER OF POSSIBLE LIEN
(Tex. Prop. Code § 53.056)

To:  [Owner name and address]
     [Original contractor name and address]

From: [Claimant name, address, telephone]

Project: [Street address, city, county, Texas]
         Legal description (if known): [_________________________]

Hiring party (party with whom claimant contracted):
         [_________________________]

Labor and/or materials furnished, by month:
         Month [_______/______]: $[____________]  Description: [________________________]
         Month [_______/______]: $[____________]  Description: [________________________]

Total unpaid balance: $[____________]

WARNING TO OWNER:
"If this claim remains unpaid, the claimant may file a mechanic's
lien against your property. A mechanic's lien is filed with the
county clerk. To avoid such a lien, you may withhold from your
contractor the amount necessary to pay this claim, or you may obtain
proof from your contractor that this claim has been paid."

Signed: ____________________   Date: [__/__/____]
        [Claimant signatory]

A.3 Service Method (§ 53.003)

Service must be by certified mail, return receipt requested, OR by any traceable, private delivery / mailing service that can confirm proof of receipt by the addressee. Service is complete on deposit in the mail / with the carrier (§ 53.003(b)).

A.4 Deadline Calculation — The "15th-Day-of-Third-Month" Rule

For each month in which the claimant furnished unpaid labor or materials:

Send the § 53.056 notice not later than the 15th day of the third calendar month after the month of furnishing.

Example: Labor furnished in May 2026. Notice deadline: August 15, 2026.

One notice per month with unpaid amounts. Many claims fail because the claimant sent one consolidated notice covering 6 months but failed to capture the earliest months within the rolling 3-month window.

Part B — Affidavit Claiming Mechanic's Lien (Tex. Prop. Code §§ 53.052, 53.054)

Caption / Header

Filed with the County Clerk of [____________________] County, Texas (real-property records). Texas does not use a court caption for the affidavit itself — it is filed as a recorded instrument.

AFFIDAVIT CLAIMING MECHANIC'S, CONTRACTOR'S, OR MATERIALMAN'S LIEN
(Tex. Prop. Code §§ 53.052, 53.054)

After being recorded, return to:

[_______________________________________________]
[_______________________________________________]

I. Claimant Identification (§ 53.054(a)(1))

Claimant (sworn affiant): [_________________________________________________________]
Mailing address: [____________________________________________________]
Capacity (original contractor / subcontractor / supplier / design professional): [____________]
Texas contractor license / registration (if applicable; e.g., TDLR or TBPLS): [____________]

II. Property Owner Identification (§ 53.054(a)(2))

Owner or reputed owner (per current deed of record in [____________] County): [________________________________________________]
Mailing address: [____________________________________________________]

III. Property Description (§ 53.054(a)(7))

Street address: [____________________________________________________]
City / County: [____________________________________________________]
Legal description sufficient to identify the property:

[_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________]

IV. Labor, Services, Equipment, or Material Furnished (§ 53.054(a)(3))

General description of work performed and / or materials furnished by claimant:

[_______________________________________________________________________
_______________________________________________________________________]

For each month, attach itemized invoices/statements as Exhibit A.

V. Hiring Party / Contract Identification (§ 53.054(a)(4))

Name of party with whom claimant contracted (the original contractor, subcontractor, owner, or owner's agent): [________________________________________________]

If claimant is a subcontractor or supplier — identify each subcontractor above claimant in the contracting chain through to the original contractor, to the extent known.

VI. Amount Owed (§ 53.054(a)(5))

Total amount of lien: $ [____________]

VII. First and Last Date of Furnishing

Date claimant first furnished labor or materials to the project: [__/__/____]
Date claimant last furnished labor or materials to the project: [__/__/____]
Date of completion / termination / abandonment of original contract (if known): [__/__/____]

VIII. Notice Compliance Statement (§ 53.054(a)(6))

Claimant gave the notice(s) required by § 53.056 (and, if applicable, § 53.057 for retainage) to the owner and original contractor as follows:

Attach certified-mail receipts and return-receipt cards as Exhibit B.

IX. Verification / Notarization (§ 53.054(a))

State of Texas
County of [____________________]

Before me, the undersigned notary, on this [____] day of [____________________], 20[____], personally appeared [_________________________], known to me, who being by me duly sworn, deposed and said the foregoing affidavit is true and correct to the best of his/her knowledge.

Signature of affiant: [_________________________________________________________]
Print name & title: [_______________________________________________]

___________________________________
Notary Public, State of Texas
My commission expires: [__/__/____]
[Notary seal]

Part C — Notice of Filed Lien Affidavit to Owner (Tex. Prop. Code § 53.055)

Not later than the fifth day after the date the affidavit is filed with the county clerk, the claimant must send a copy of the filed affidavit (with file-stamp / clerk's recording data) by certified mail to:

• Original contractors: the owner or reputed owner.
• Subcontractors / suppliers: the owner or reputed owner AND the original contractor.

NOTICE OF FILED AFFIDAVIT CLAIMING LIEN
(Tex. Prop. Code § 53.055)

Date: [__/__/____]

VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED

[Owner name and address]
[Original contractor name and address, if subcontractor/supplier claimant]

Re: Mechanic's Lien Affidavit — [Project address]
    Filed [__/__/____] in the Official Public Records of
    [____________] County, Texas, as Instrument No. [____________]

Enclosed is a file-stamped copy of the Affidavit Claiming Mechanic's
Lien, filed pursuant to Tex. Prop. Code § 53.052. The unpaid amount
secured by the lien is $[____________]. This notice is given pursuant
to § 53.055.

The lien may be discharged by payment, by indemnity bond filed under
§ 53.171, or by court order.

Sincerely,
[Claimant signatory]

Part D — Suit to Foreclose Mechanic's Lien (Tex. Prop. Code § 53.158)

D.1 Caption

CAUSE NO. [____________]

IN THE DISTRICT COURT
[____________________] COUNTY, TEXAS
[____] JUDICIAL DISTRICT

PLAINTIFF'S ORIGINAL PETITION FOR FORECLOSURE OF MECHANIC'S LIEN AND BREACH OF CONTRACT

D.2 Discovery Level

Plaintiff intends to conduct discovery under [__ Level 1 / __ Level 2 / __ Level 3] of Tex. R. Civ. P. 190.

D.3 Jurisdiction and Venue

This Court has subject-matter jurisdiction; the amount in controversy exceeds the minimum jurisdictional limits of this Court. Venue is mandatory in [____________________] County under Tex. Civ. Prac. & Rem. Code § 15.011 because this suit is for foreclosure of a lien on real property situated in this County.

D.4 Lis Pendens

Plaintiff is filing a notice of lis pendens against the subject property in the real-property records of [____________] County contemporaneously with the filing of this petition (Tex. Prop. Code § 12.007).

D.5 Necessary and Permissive Defendants

• Necessary: the record owner of the subject property; the original contractor (if claimant is a subcontractor / supplier); any other lien claimant of record who could be affected by foreclosure.
• Permissive but recommended: all subordinate-lien holders, judgment-lien creditors, deed-of-trust beneficiaries, and tenants of record per a current title report.

D.6 Foreclosure Deadline Statement (§ 53.158)

The last day on which plaintiff could file the lien affidavit under § 53.052 was [__/__/____]. This suit is filed within one year of that date, as required by § 53.158(a). [If applicable: Plaintiff and the then-current record owner have executed a written agreement extending the limitations period to the second anniversary of the date of filing, recorded as Instrument No. [____________].]

D.7 Relief Requested

1. Judgment that plaintiff holds a valid mechanic's, contractor's, or materialman's lien on the subject property in the amount of $[____________], plus contractual and statutory interest.
2. Order of foreclosure and sale of the subject property by the sheriff or constable to satisfy the lien.
3. Personal judgment for breach of contract against the hiring party for $[____________].
4. Reasonable and necessary attorney's fees under Tex. Prop. Code § 53.156 and Tex. Civ. Prac. & Rem. Code § 38.001.
5. Costs of court and post-judgment interest.

Part E — Pre-Filing Checklist

☐ Original contract, change orders, purchase orders, invoices, and statements of account gathered and reconciled by month.
☐ Daily logs, delivery tickets, photographs, weather logs, and crew sign-in sheets preserved.
☐ Hiring chain documented from claimant through to the original contractor and owner.
☐ Project type confirmed (residential vs. non-residential; homestead vs. non-homestead) — affects deadlines and notice content.
☐ Original-contract effective date confirmed (pre- or post-1/1/2022) — determines which Chapter 53 version applies.
☐ Current record owner identified from a deed search or current title report (NOT just the hiring party).
☐ § 53.056 Notice of Claim sent for EACH unpaid month by 15th day of third month after furnishing; certified-mail receipts and return-receipt cards preserved.
☐ § 53.057 Retainage Notice sent (if claimant has contractual retainage) within 30 days of agreement completion / termination / abandonment.
☐ Last day to file the lien affidavit under § 53.052 calculated and diaried.
☐ Lien affidavit drafted to verbatim § 53.054 content.
☐ Property described by legal description (not just street address); APN/parcel attached.
☐ Lien amount audited — no inclusion of items not lienable (e.g., delay damages, lost-profit overhead beyond statute).
☐ Affidavit sworn before a Texas notary; original signature and seal.
☐ Affidavit filed with the county clerk of the county where the property is located; instrument number diaried.
☐ § 53.055 post-filing notice (with file-stamped copy of affidavit) sent by certified mail within 5 days of filing to owner (and original contractor if claimant is sub/supplier).
☐ Foreclosure deadline (1-year anniversary of last day to file under § 53.158(a)) calendared.
☐ Lis pendens drafted under § 12.007 for contemporaneous filing with foreclosure suit.
☐ Payment-bond search performed (§ 53.171 bond to discharge; § 53.201 et seq. residential bond claims; Ch. 2253 public-works bond if applicable).
☐ Trust-fund claim under Ch. 162 evaluated for personal liability of officers / directors of insolvent contractor.
☐ Lien-release form prepared in escrow for settlement.

Sources and References

• Tex. Prop. Code Ch. 53 (full text): https://statutes.capitol.texas.gov/Docs/PR/htm/PR.53.htm
• Tex. Prop. Code § 53.052 (Filing of Affidavit): https://statutes.capitol.texas.gov/Docs/PR/htm/PR.53.htm#53.052
• Tex. Prop. Code § 53.054 (Contents of Affidavit): https://statutes.capitol.texas.gov/Docs/PR/htm/PR.53.htm#53.054
• Tex. Prop. Code § 53.056 (Notice of Claim): https://statutes.capitol.texas.gov/Docs/PR/htm/PR.53.htm#53.056
• Tex. Prop. Code § 53.158 (Limitations): https://statutes.capitol.texas.gov/Docs/PR/htm/PR.53.htm#53.158
• Texas Real Estate Research Center — Mechanic's & Materialman's Liens: https://trerc.tamu.edu/article/mechanics-and-materialmans-liens-2402/
• Texas Department of Licensing and Regulation (contractor registration): https://www.tdlr.texas.gov
• Texas Constitution Art. XVI, § 37: https://statutes.capitol.texas.gov/Docs/CN/htm/CN.16.htm#16.37