Hays County Preliminary Notice to Original Contractor Form

Hays County Preliminary Notice to Original Contractor Form
Fill in the blank Preliminary Notice to Original Contractor form formatted to comply with all Texas recording and content requirements.

Hays County Preliminary Notice to Original Contractor Guide
Line by line guide explaining every blank on the form.

Hays County Completed Example of the Notice to Original Contractor Document
Example of a properly completed form for reference.
All 3 documents above included • One-time purchase • No recurring fees
Additional Texas and Hays County documents included at no extra charge:
Where to Record Your Documents
County Clerk's Main Office
Address:
Government Center - 712 S Stagecoach Trail, Suite 2008
San Marcos, Texas 78666
Hours: Mon - Fri 8:00am - 4:30pm / Wed until 6:00pm
Phone: (512) 393-7738
County Clerk Precinct 2 Substation
Address:
5458 FM 2770 (co-located with Commissioner)
Kyle, Texas 78666
Hours: Monday - Friday 8:00am - 12:00 & 1:00 - 4:30pm
Phone: (512) 393-7330
Recording Tips for Hays County:
- Ask if they accept credit cards - many offices are cash/check only
- Both spouses typically need to sign if property is jointly owned
- Recorded documents become public record - avoid including SSNs
Cities and Jurisdictions in Hays County
Properties in any of these areas use Hays County forms:
- Austin
- Buda
- Driftwood
- Dripping Springs
- Kyle
- San Marcos
- Wimberley
How do I get my forms?
Forms are available for immediate download after payment. The Hays County forms will be in your account ready to download to your computer. An account is created for you during checkout if you don't have one. Forms are NOT emailed.
Are these forms guaranteed to be recordable in Hays County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Hays County including margin requirements, content requirements, font and font size requirements.
Can I reuse these forms?
Yes. You can reuse the forms for your personal use. For example, if you have multiple properties in Hays County you only need to order once.
What do I need to use these forms?
The forms are PDFs that you fill out on your computer. You'll need Adobe Reader (free software that most computers already have). You do NOT enter your property information online - you download the blank forms and complete them privately on your own computer.
Are there any recurring fees?
No. This is a one-time purchase. Nothing to cancel, no memberships, no recurring fees.
How much does it cost to record in Hays County?
Recording fees in Hays County vary. Contact the recorder's office at (512) 393-7738 for current fees.
Have other questions? Contact our support team
Texas Second Month Notice
According to Texas lien law, all claimants other than the original contractor must provide preliminary notice to establish a claim for a valid mechanic's lien. TEX. PROP. CODE 53.056. Use the preliminary notice form under 53.056(b) when lien claim arises from a debt incurred by a subcontractor.
A mechanic's lien is an encumbrance on an owner's title, used to guarantee payment to builders, contractors, and construction businesses which build or repair structures, by using the property where the work was completed as a form of collateral. Suppliers of materials and subcontractors may also claim a mechanic's lien. The lien ensures that the workmen are paid before anyone else if the property subject to the lien is eventually foreclosed upon.
The law states that before filing and recording a mechanic's lien, the claimant must give written notice of the unpaid balance to the original contractor. Texas requires prelien notice to be served on the owner and other interested parties. Prelien notices serve two purposes: to protect the interests of subcontractors and suppliers, and to give property owners a defense against having to pay twice for parts of the same project.
Deliver the notice to the original contractor no later than the 15th day of the second month following each month in which all or part of the claimant's labor was performed or material delivered. Id. This is also known as a "Second Month Notice." It identifies the parties, dates, materials/services, and amount due. For reference, include an invoice or statement to clarify billing details.
Send it by registered or certified mail, addressed to the original contractor at his or her last known business or residence address. TEX. PROP. CODE 53.056(e).
Remember that each case is unique and the mechanic's lien law in Texas can be complicated and unforgiving of mistakes. Therefore, contact an attorney for complex situations or with specific questions about the preliminary notice to the original contractor or about any other issues related to liens.
Important: Your property must be located in Hays County to use these forms. Documents should be recorded at the office below.
This Preliminary Notice to Original Contractor meets all recording requirements specific to Hays County.
Our Promise
The documents you receive here will meet, or exceed, the Hays County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.
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