Sec. 53.054. CONTENTS OF AFFIDAVIT. (a) The affidavit must be signed by the person claiming the lien or by another person on the claimant's behalf and must contain substantially:
(1) a sworn statement of the amount of the claim;
(2) the name and last known address of the owner or reputed owner;
(3) a general statement of the kind of work done and materials furnished by the claimant and, for a claimant other than an original contractor, a statement of each month in which the work was done and materials furnished for which payment is requested;
(4) the name and last known address of the person by whom the claimant was employed or to whom the claimant furnished the materials or labor;
(5) the name and last known address of the original contractor;
(6) a description, legally sufficient for identification, of the property sought to be charged with the lien;
(7) the claimant's name, mailing address, and, if different, physical address; and
(8) for a claimant other than an original contractor, a statement identifying the date each notice of the claim was sent to the owner and the method by which the notice was sent.
(b) The claimant may attach to the affidavit a copy of any applicable written agreement or contract and a copy of each notice sent to the owner.
(c) The affidavit is not required to set forth individual items of work done or material furnished or specially fabricated. The affidavit may use any abbreviations or symbols customary in the trade.
Acts 1983, 68th Leg., p. 3540, ch. 576, Sec. 1, eff. Jan. 1, 1984. Amended by Acts 1989, 71st Leg., ch. 1138, Sec. 6, eff. Sept. 1, 1989; Acts 1997, 75th Leg., ch. 526, Sec. 6, eff. Sept. 1, 1997.
Notes of Decisions
Ready Cable, Inc. v. RJP S. Comfort Homes, Inc., 295 S.W.3d 763 (Tex. App. 2009).
· cites it 6× “To perfect its lien, therefore, Ready Cable was required to sign an affidavit with specified contents, see Tex. Prop.Code Ann. § 53.054 (West 2007), timely file the affidavit with the county clerk, see id.”
Lyda Swinerton Builders, Inc. v. Cathay Bank, 409 S.W.3d 221 (Tex. App. 2013).
· cites it 2× “The majority concludes that these amended M & M lien affidavits function substantively as new M & M liens because they substantially comply with the requirements of Texas Property Code section 53.054. See ante, at 234-35.”
Occidental Nebraska Fed. Sav. Bank v. East End Glass Co., 773 S.W.2d 687 (Tex. App. 1989).
· cites it 2× “In addition to the question of whether the notice was sent to the proper entity, Bank also contends, in points of error two through seven, that the trial court erred in finding that Glass complied with the substantive requirements of TEX.PROP.CODE ANN. §§ 53.054, 53.055 and 53.”
— Tex. Prop. Code § 53.054(a) — 9 cases
Ready Cable, Inc. v. RJP S. Comfort Homes, Inc., 295 S.W.3d 763 (Tex. App. 2009).
“To perfect its lien, therefore, Ready Cable was required to sign an affidavit with specified contents, see Tex. Prop.Code Ann. § 53.054 (West 2007), timely file the affidavit with the county clerk, see id.”
Lyda Swinerton Builders, Inc. v. Cathay Bank, 409 S.W.3d 221 (Tex. App. 2013).
“The majority concludes that these amended M & M lien affidavits function substantively as new M & M liens because they substantially comply with the requirements of Texas Property Code section 53.054. See ante, at 234-35.”
— Tex. Prop. Code § 53.054(a)(1) — 1 case
— Tex. Prop. Code § 53.054(a)(2) — 4 cases
— Tex. Prop. Code § 53.054(a)(3) — 1 case
— Tex. Prop. Code § 53.054(a)(4) — 1 case
— Tex. Prop. Code § 53.054(a)(6) — 5 cases
Ready Cable, Inc. v. RJP S. Comfort Homes, Inc., 295 S.W.3d 763 (Tex. App. 2009).
“To perfect its lien, therefore, Ready Cable was required to sign an affidavit with specified contents, see Tex. Prop.Code Ann. § 53.054 (West 2007), timely file the affidavit with the county clerk, see id.”
— Tex. Prop. Code § 53.054(a)(8) — 1 case
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.