If you have performed work on a construction project, and executed a lien against the property, you can find yourself facing criminal charges if you fail to release the lien, or if the lien is considered to be fraudulent. Texas has specific laws governing the refusal to release a fraudulent lien or claim. The offense is considered a misdemeanor, and can result in a significant fine.
At The Law Office of Kevin Clancy & The Law Office of Tim Clancy, our attorneys offer almost 50 years of combined legal experience to people in and around the Dallas-Fort Worth area who face criminal charges. We will aggressively protect your rights, conducting a full investigation of the facts and circumstances of your arrest, to make certain police and prosecutors followed constitutional procedure when obtaining evidence. Attorney Kevin Clancy is a former prosecutor who knows firsthand how the state prepares and presents criminal cases. We know what to anticipate, and can help you take proactive measures to protect your rights.
The Texas Laws Governing Refusal to Execute a Release of a Fraudulent Lien
Under Texas law, you have 21 days from the receipt of actual or written notice of request to release a fraudulent lien or claim to honor the request. The request may come from the debtor or person ostensibly obligated on the claim, or from any person who owns any interest in the real or personal property described in the document, or upon which the lien or claim is purportedly made. If you fail to take the necessary steps to release the lien within the 21 day period, the law considers you to have intent to defraud.
Because refusal to execute release of fraudulent liens or claims is a crime of intent, if you can show that your failure to release the lien was merely negligent, or that you had no actual or constructive notice of the request, you can assert the lack of intent as a defense.
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