San Antonio Contractor Not Getting Paid? Texas Lien Clocks and Funding

You finished the San Antonio job and the check never came. Texas lien rights run on the calendar month, and a missed 15th-of-the-month deadline can cost you the lien even when the invoice is real.

This guide covers the Chapter 53 clocks that matter on San Antonio jobs, where Bexar County liens get filed, and how Darkwell funding can help carry a claim of $10,000 or more. For the full state picture, see the Texas contractor not paid pillar.

Owed $10,000 or more on a San Antonio job? Request a free claim review.

Where a Bexar County lien affidavit gets filed

• Bexar County Clerk. Texas lien affidavits are filed with the county clerk of the county where the property sits. The Bexar County Clerk oversees the recording of public records, including land and real property records (Bexar County Clerk).
• Office location. The County Clerk’s physical address is 100 Dolorosa, Suite 104, San Antonio (bexar.org).
• Check the county first. Confirm the county from the property records before you file. A job outside Bexar County files with that county’s clerk.

Texas Chapter 53 lien clocks (San Antonio projects)

• Subs and suppliers: notice of claim. A claimant other than the original contractor must send notice to the owner and the original contractor by the 15th day of the 3rd month after the month the labor or materials were provided, or the 15th day of the 2nd month on residential projects (Tex. Prop. Code § 53.056).
• Lien affidavit. The affidavit is filed with the county clerk of the county where the property sits. Original contractors file by the 15th day of the 4th month after the month their work was completed, terminated, or abandoned; on residential projects it is the 15th day of the 3rd month (§ 53.052).
• Foreclosure suit. Suit must be brought by the first anniversary of the last day the lien affidavit could be filed, unless a recorded written agreement with the owner extends it (§ 53.158).

Prompt pay on San Antonio jobs

Texas also has a prompt pay statute for private jobs. An owner generally must pay a contractor’s proper written payment request within 35 days, and a contractor must pay subs their share within 7 days after receiving the owner’s payment (§ 28.002). Unpaid amounts bear interest at 1½ percent each month (§ 28.004). Good-faith disputes are treated differently, so your attorney checks how these rules fit your job.

Residential vs. commercial timing

Texas shortens several deadlines on residential construction projects by a month. Before you count, confirm with a Texas attorney whether the San Antonio job is a residential construction project under Chapter 53.

When funding helps

If the claim is real, the other side is stalling, and counsel costs are the bottleneck, funding can help carry attorney and case costs while your attorney runs the case.

How Darkwell helps

Legal costs are often what stops a good claim. Darkwell helps carry them. On a San Antonio unpaid invoice, that can mean funding the lien foreclosure or the contract suit.

• We help carry the cost. Darkwell funding helps pay for the case, so your operating cash stays in your business.
• We bring attorneys we know. Darkwell has a network of attorneys we know. They help keep costs down while still pursuing the claim. The claim moves forward with an attorney from our network, or your current attorney where it fits.
• Your attorney handles the law. We don’t run your case or choose your legal strategy. Your attorney does that.
• You make a clear decision. The goal is to take the stress out of the fight and make the smart financial decision about your claim.

What to send for a claim review

• Contract or subcontract, and change orders
• Invoices, pay applications, and payment history
• Job address and the owner, GC, or customer name
• Photos, daily logs, and delivery tickets
• Any notices, lien filings, or bond information
• Your attorney’s contact, if you have one

How we get paid

Our fee comes out of the recovery, not your pocket. If there’s no recovery, you don’t repay our funding. Your written agreement sets the exact terms.

Where we work and claim size

We fund business claims, and individual and consumer claims in some states, reviewed state by state where the law allows. We confirm your state during review. See where Darkwell funds claims.

In select cases, we may purchase a business claim outright, where state law allows.

We review claims of $10,000 or more, subject to review and approval by our team.

Darkwell does not buy or collect consumer debt.

Common questions

Where do I file a lien affidavit on a San Antonio job? With the county clerk of the county where the property sits, under Tex. Prop. Code § 53.052. For Bexar County property, that is the Bexar County Clerk.

Do Texas lien deadlines apply in San Antonio? Yes. San Antonio projects follow Texas Property Code Chapter 53, including the notice, affidavit, and foreclosure clocks.

Does Darkwell control my case? No. Your attorney handles the case and the legal strategy. Darkwell provides funding.

Sources

• Tex. Prop. Code § 53.056
• Tex. Prop. Code § 53.052
• Tex. Prop. Code § 53.158
• Tex. Prop. Code § 28.002
• Tex. Prop. Code § 28.004
• Bexar County Clerk
• Texas Contractor Not Paid

San Antonio job still unpaid at $10,000 or more? Request a free claim review. Send what you have, and you’ll get a response from our team.

Related reading: Texas Contractor Not Paid · Austin Contractor Not Getting Paid · Houston Contractor Not Getting Paid · Where We Fund