Full question:
Being threatened by roofing company for theft of services and a mechanics lien against my house because I spent the insurance check. What do I need to do to remedy this matter. I am disabled and do not get much money monthly. Told the company I could pay 50 a month they said no. I then told them I could pay 500 they said they would talk to their attorney. The amount is approx.7000.00 and I am in Texas it is a state jail felony. What can I expect to happen next? if THEY FILE A LIEN can they then get a judgement against me and name any price for me to pay? How can I amend this situation? I did spend the money.
- Category: Contractors
- Subcategory: Construction Liens
- Date:
- State: Texas
Answer:
A roofing company can file a mechanics lien on your property if you fail to pay for their services. They may also pursue a breach of contract claim to recover the money owed. However, the amount they can claim must be based on actual losses and the terms of your contract, not just any arbitrary figure. They may also seek to recover attorney fees and court costs.
It's advisable to resolve the situation before any legal action is taken. If you're unable to pay the full amount, consider working with a reputable debt counselor to create a manageable repayment plan.
In Texas, theft of services can be a serious issue. According to Texas law (Tex. Penal Code § 31.04), it is considered theft if someone secures services with the intent to avoid payment. If they file a lien, they can potentially obtain a judgment against you, but the judgment amount must be based on the actual debt.
To address this situation, communicate openly with the roofing company and explore payment options. If necessary, seek legal advice to understand your rights and obligations.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.