Copies of the lien affidavit must be sent within five days of filing the lien affidavit. Tex. Prop. Code § 53.055(a).
Tex. Prop. Code § 53.003 states that a copy of the notice may be given in person to the party entitled to the notice or to that party’s agent, by certified mail, or by any other form of traceable, private delivery or mailing service that can confirm proof of receipt.
Cover Letter Sending Copy of Lien Affidavit
[For Use If Original Contract Entered Into on or after January 1, 2022]
[Date]
[Name and address of owner] [Permissible delivery method]
[Name and address of original contractor] [Permissible delivery method]
Re: Claim of [name of claimant] (“Claimant”); mechanic’s and materialman’s lien
[Salutation]
Enclosed is a copy of Claimant’s affidavit claiming a mechanic’s and materialman’s lien (“Affidavit”).
In accordance with the Texas Property Code, we notify you again that if the claim described in the Affidavit remains unpaid, the owner of the property described may be liable, unless the owner withholds payment from the contractor for the amount of the claim or it is otherwise settled or paid.
Claimant was forced to proceed with securing its lien rights because Claimant has not received payment from any source on the claim set forth in the Affidavit.
Please contact me on receipt of this letter so that we may discuss a prompt resolution of this matter.
Sincerely yours,
[Name of attorney]
Enc.