The Demand for Payment form is used by unpaid individual claimants to demand payment of their claim on an owner who is authorized to withhold funds under 53.083(a) of the Texas Property Code. The demand form also provides notice to the owner that all or part of the claim has accrued under Texas Code 53.053 or is past due under the agreement between the parties.

The claimant must also send a copy of the demand to the original contractor. If the original contractor intends to dispute the claim, he must give the owner written notice no later than the 30th day after the day he receives the copy of the demand. Failure to respond in a timely fashion implies approval of the demand and the owner must then pay the claim.

The Demand for Payment identifies the parties, the project, and relevant dates, services/materials, and fees. It is a required step in securing an eventual mechanic's lien on the owner's property if the claim remains unpaid after demand is sent.

The form does not require a notary seal or other verification, nor is it filed in the local land records. Instead, deliver the demand for payment via certified or registered mail, with a return receipt requested.

Each case is unique, and the mechanic's lien law in Texas can be complicated. Contact an attorney for complex situations, with specific questions about sending a demand for payment, or any other issue related to mechanic's liens.

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