If someone owes me for water mitigation work i did at their home after a flood, can i place a lien against their property

Probably not. Be very careful when attempting to file liens against homes in Texas. Usually, it must spring from a home improvement contract, signed by both spouses, and include language that alerts the purchaser that failure to pay may result in a lien. I would strongly recommend speaking directly with a local attorney before attempting the lien process. There are penalties for filing an improper lien.

Alternatively, you still have the same collection remedies against a customer who fails to pay as all other businesses. If the amount is for less than $10,000.00, you can file suit in small claims court. Be sure that you file in the Justice of the Peace precinct where the defendant resides and where the contract was entered into. Small claims court generally relaxes the rules of evidence and rules of civil procedure. This helps allow pro se defendants the ability to competently bring suits, and can level the playing field if the debtor is an attorney - but obviously, be prepared for a fight if you intend to take an attorney to court by yourself. Have all of your paperwork together, and be sure that you read the local rules and the Texas Rules of Civil Procedure before you move forward. If it has not been too long since the debt was incurred, exhaust all other remedies before resorting to legal action. Many people think you can just file a lawsuit and have a hearing a few weeks later. This is not the case. It can sometimes drag on for months, and be more aggravating that non-judicial collection efforts.

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