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  1. #1
    Join Date
    Sep 2017
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    3

    Default 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

  2. #2
    Join Date
    Sep 2005
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    98,846

    Default 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?

  3. #3
    Join Date
    Sep 2017
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    3

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

    No. Basically a mechanics lien.

  4. #4
    Join Date
    Jan 2006
    Posts
    38,867

    Default 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.

  5. #5
    Join Date
    Sep 2017
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    3

    Default 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?

  6. #6
    Join Date
    Jan 2006
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    38,867

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

    Suing them is the typical action

  7. #7
    Join Date
    Jan 2011
    Posts
    401

    Default 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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