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How to File a Lien With the County for Nonpayment of a Debt

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  • 09-07-2017, 04:34 PM
    ATXTOOLS
    How to File a Lien With the County for Nonpayment of a Debt
    My question involves collection proceedings in the State of: Texas

    I own a Mac Tools franchise in Texas. I sell tools/equipment on term payments(6-8 weeks) which is about 90% of my business. I have had customers that purchase tools, make a down payment and a few of their agreed upon weekly payments. They then leave town/state, change their credit/debit card, change their phone number and are a ghost.

    I have their personal information on most including SS#, DL# and last address. I am wanting to file a lien on the unpaid portion of their remaining tool bill. From what other self owned business owners tell me, this can be accomplished. I spoke with the county and they said it would go as public record and would throw a major monkey wrench into leasing/buying a house, car, apartment or anything else where credit is used. This would need to be paid in order to remove the lien.

    After reading on-line, I'm concerned on writing a "proper" lien that will have the necessary time line, information and hold up if sent to the judge or is disputed. Is there a fill form that I can use? It would be the same for each customer as this is the scenario in most of the cases I would like to lien against. Any help or being pointed in the right direction would be greatly appreciated.

    Regards
  • 09-07-2017, 04:53 PM
    Mr. Knowitall
    Re: How to File a Lien With the County for Nonpayment of a Debt
    Are you talking about filing a UCC financing statement? These are individuals or business clients?
  • 09-07-2017, 05:10 PM
    ATXTOOLS
    Re: How to File a Lien With the County for Nonpayment of a Debt
    No. Basically a mechanics lien.
  • 09-07-2017, 06:01 PM
    jk
    Re: How to File a Lien With the County for Nonpayment of a Debt
    Quote:

    Quoting ATXTOOLS
    View Post
    No. Basically a mechanics lien.

    a mechanic's lien is not applicable.

    http://www.statutes.legis.state.tx.u.../htm/PR.53.htm

    You are a merchant and the people you sell to are simply customers.
  • 09-08-2017, 08:42 AM
    ATXTOOLS
    Re: How to File a Lien With the County for Nonpayment of a Debt
    So there is no avenue to regain my items or collect on bad debt? Is there anything civil-wise that can be done?
  • 09-08-2017, 09:40 AM
    jk
    Re: How to File a Lien With the County for Nonpayment of a Debt
    Suing them is the typical action
  • 09-08-2017, 07:05 PM
    bcr229
    Re: How to File a Lien With the County for Nonpayment of a Debt
    Quote:

    Quoting ATXTOOLS
    View Post
    So there is no avenue to regain my items or collect on bad debt? Is there anything civil-wise that can be done?

    Small claims limit in Texas is $10,000. http://guides.sll.texas.gov/small-claims

    In the future I would require payment in full for the first order for new customers, or run a credit check on them and set your repayment terms accordingly if you want to continue to let your customers pay over time.
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