
Client Not Paying Invoice in Texas: Your Legal Rights & Options
You're a Texas contractor. You finished the job. You sent the invoice. And now the client isn't paying.
Texas has specific laws that protect contractors. Here's exactly what you can do.
Texas Prompt Payment Laws (Critical to Know)
Texas Property Code Chapter 28: If you worked on real property (residential or commercial construction), Texas law gives you powerful rights:
- Payment deadline: Owner must pay within 10 days of receiving your invoice (for residential work under $5k)
- GC payment deadline: General contractors must pay subs within 7 days of receiving payment from owner
- Interest on late payments: 1.5% per month (18% annually) on amounts past due
These aren't suggestions. They're Texas law.
Texas Mechanics Lien (Your Biggest Weapon)
What it is: A legal claim against the property you worked on. One of the strongest contractor protections in the US.
Texas Lien Deadlines (DO NOT MISS THESE):
- Residential projects: Must file lien by 15th day of 3rd month after work completed (Example: work done Jan 10 → deadline April 15)
- Commercial projects: Must file lien by 15th day of 4th month after work completed
- Notice requirements: May need to send preliminary notice within certain timeframes
⚠️ Miss these deadlines and you lose your lien rights FOREVER.
Step-by-Step: What to Do When Client Isn't Paying (Texas)
Week 1: Document & Follow Up
- Verify they received the invoice
- Send friendly reminder
- Call them directly
- Document every communication (texts, emails, calls)
Week 2-3: Formal Notice
Send a demand letter (email + certified mail):
"Dear [Client Name],
Invoice #[number] for $[amount] was sent on [date] and payment is now [X] days overdue.
Under Texas Property Code, payment was due within 10 days of receipt. This invoice is now subject to 1.5% monthly interest as allowed by law.
Please remit payment within 10 days to avoid:
- Filing a mechanics lien on the property at [address]
- Legal action in Texas courts
- Interest charges (1.5% per month)
Total amount due: $[amount] + $[interest calculated]
Payment must be received by [specific date].
Respectfully,
[Your Company]
Texas Contractor License #[if applicable]"
Week 3-4: File Mechanics Lien (If Still Not Paid)
To file a Texas mechanics lien:
- Prepare lien affidavit (Texas Property Code § 53.054 requirements)
- Include: Your name, property description, amount owed, dates of work, legal description of property
- File with county clerk where property is located ($20-40 filing fee)
- Send copy to property owner (certified mail)
You can DIY this or use a service like Levelset ($200-300 for Texas filings).
What happens after filing:
- Lien attaches to property title
- Owner can't sell or refinance until they pay you or you release the lien
- Creates massive pressure to pay
- 80% of Texas contractors get paid within 2 weeks of filing lien
Week 5-8: Enforce the Lien (If Necessary)
If they still don't pay, you must enforce the lien within 1 year (Texas Property Code § 53.158):
- File lawsuit to foreclose on the lien
- Court can order property sold to pay you
- Most settle before this point
Texas Small Claims Court (For Amounts Under $20,000)
Texas Justice Court (small claims) has a $20,000 limit — higher than most states.
How to file in Texas:
- Find the Justice Court in the county where defendant lives/works
- File "Original Petition" ($50-150 filing fee)
- Serve the defendant (constable does this for $75-100)
- Attend hearing (usually 30-60 days later)
What to bring to Texas court:
- Your contract or written agreement
- Photos of work completed
- All invoices (original + reminders)
- Proof of delivery (emails, certified mail receipts)
- Communication records (texts, emails showing approval)
- Your demand letter
- Timeline of events
Texas judgment collection:
If you win (and you will if you have docs):
- Writ of garnishment (take money from their bank account)
- Abstract of judgment (creates lien on all their real property in that county)
- Execution (sheriff seizes and sells their assets)
Texas is very contractor-friendly when it comes to collection.
Texas-Specific Resources
Free help:
- Texas State Law Library: Free legal research, forms, and help for self-represented litigants
- Texas RioGrande Legal Aid: Free legal help for low-income Texans (income limits apply)
- Texas Young Lawyers Association: Free legal clinics in major cities
Texas lien services:
- Levelset (nationwide, knows Texas laws)
- Texas Lien Solutions (Texas-specific)
- Local title companies (can file liens for you)
Find a collections attorney:
- State Bar of Texas Lawyer Referral Service: 1-800-252-9690
- Most work on contingency (30-40%)
- They know Texas law cold
Common Texas Contractor Mistakes (Avoid These)
❌ Mistake 1: Missing lien deadlines
Texas has strict deadlines. If you worked on Feb 10 (residential), your deadline is May 15. Put it in your calendar NOW.
❌ Mistake 2: Not sending preliminary notice
For some Texas projects (commercial, or if you're a sub), you need to send preliminary notice within certain timeframes. Check requirements.
❌ Mistake 3: Vague invoices
Texas courts want specifics. "Construction work - $10,000" won't fly. List what you did, materials used, hours worked.
❌ Mistake 4: No written contract
Verbal contracts are legal in Texas, but hard to prove. Always get it in writing. Even a text confirmation counts.
❌ Mistake 5: Waiting too long
The longer you wait, the harder collection gets. Follow up on day 11 (Texas requires payment in 10 days for residential).
Texas Prompt Payment Violations (Hit Them Hard)
If a Texas client violates prompt payment laws, you can collect:
- Original amount owed
- Interest at 1.5% per month (18% annually)
- Attorney fees (if you hire a lawyer)
- Court costs
This means a $10,000 invoice can turn into $13,000+ if they drag it out for 6 months.
Include this in your demand letter: "Per Texas Property Code, this debt is accruing interest at 18% annually."
Real Talk: What Works in Texas
From Texas contractors who've been through this:
- File the lien early → 85% pay within 2 weeks (Texas lien laws are scary to property owners)
- Mention "Texas Property Code" in letters → Shows you know your rights
- Use certified mail → Creates legal proof of delivery
- Don't threaten what you won't do → If you say you'll file a lien, be ready to file
- Hire a Texas attorney for $15k+ debts → They know the tricks, work on contingency
Prevention (Texas Best Practices)
Texas contractors who never have payment problems:
- Written contracts always (even for small jobs)
- Progress payments (50% deposit, 25% at midpoint, 25% on completion)
- Invoice same day (parking lot invoice while it's fresh)
- Follow up on day 11 (Texas law says 10 days, so call on day 11)
- Document everything (photos, site reports, approvals — timestamped)
- Track lien deadlines (calendar alert for the 15th day of 3rd/4th month)
When Texas clients see you're organized and know your rights, they pay on time. Because they know Texas law is on your side.