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Tex. Prop. Code §53.055 — Texas notice of filed affidavit service

Filed your Texas
lien affidavit?
The copy goes out in five days. $39 flat.

A person who files a lien affidavit must send a copy to the owner or reputed owner not later than the fifth day after filing — and, if not an original contractor, to the original contractor too (§53.055). Upload the affidavit as filed; a dated cover quoting the statute goes in front of it, and both are submitted for certified mailing in minutes, with the proof archived permanently.

Statutory text pinned from statutes.capitol.texas.gov — cited on every document.

Form NS-TX-FA · specimencover + enclosure
NOTICE OF FILED AFFIDAVIT

"A person who files an affidavit must send a copy of the affidavit to the owner or reputed owner … not later than the fifth day after the date the affidavit is filed with the county clerk."

To: owner or reputed owner
To: original contractor
Enclosed: affidavit as filed
Certified§53.055(a), (b)
§ 1

The timing, exactly

5 days

"… not later than the fifth day after the date the affidavit is filed with the county clerk" (§53.055(a)). Enter the filing date and the calculator counts forward.

On deposit

Certified mail is an enumerated method, and "deposit or mailing of the notice in the United States mail in the form required constitutes compliance with the notice requirement" (§53.003(b)(2), (c)).

Weekend roll

If the fifth day is a Saturday, Sunday, or legal holiday, the period extends to the next day that is none of those (§53.003(e)). Weekends are applied by the calculator; legal holidays are not checked.

Not sure where you stand? Run the free deadline calculator — it cites each rule.

§ 2

Who sends it, who gets it

Who sends it

"A person who files an affidavit" (§53.055(a)) — original contractor, subcontractor or supplier alike, once the affidavit is on file with the county clerk.

Who gets it

The owner or reputed owner at the owner's last known business or residence address; and, if you are not an original contractor, the original contractor at its last known business or residence address (§53.055(a), (b)). Both are required recipients on the notice.

What it says

There is no prescribed form. The cover quotes the subsections word for word, identifies the filing (date, county, clerk's reference, project) and lists the enclosure; your affidavit as filed rides behind it.

§ 3

How it works

01

Upload the affidavit, answer a short wizard

The affidavit as filed (PDF, up to 10 pages), the county and date of filing, you and your signer, the owner, the original contractor if you are not one, the project — about 3 minutes.

02

We certified-mail it

Cover plus copy to each recipient by USPS certified mail with tracking, submitted in minutes of payment; you verify every address before paying. Electronic return receipt optional.

03

Your evidence archive

The merged PDF, the certified tracking numbers, and a timestamped record of the deposit date — the fact §53.003(c) turns on — kept on a permanent page.

§ 4

Questions, answered straight

Who has to send the Texas notice of filed affidavit?

Under Tex. Prop. Code §53.055(a), a person who files an affidavit must send a copy of the affidavit to the owner or reputed owner at the owner's last known business or residence address. Under §53.055(b), if the person is not an original contractor, the person must also send a copy to the original contractor at the original contractor's last known business or residence address within the same period. "Original contractor" means a person contracting with an owner either directly or through the owner's agent (§53.001(7)). Whether that describes your filing is a legal question we cannot answer.

When is it due?

Not later than the fifth day after the date the affidavit is filed with the county clerk (§53.055(a)). A deadline on a Saturday, Sunday, or legal holiday extends to the next day that is none of those (§53.003(e)). Certified mail counts when it is deposited — "deposit or mailing of the notice in the United States mail in the form required constitutes compliance with the notice requirement" (§53.003(c)).

What do I upload?

The affidavit as filed — a PDF of up to 10 pages. We mail it behind a one-page dated cover that quotes §53.055(a) (and (b) when you are not an original contractor), identifies the filing, and says what is enclosed, so each recipient's certified piece carries the copy.

What if the fifth day has already passed?

The pinned text of §53.055 states the duty and no consequence in that section for a late copy. We say exactly that and no more — consult an attorney about your position; we cannot advise on it.

Is this legal advice?

No. NoticeSent is a document preparation and mailing service, not a law firm. We prepare and mail documents from the information you provide and give no advice or guarantees about outcomes.

What exactly do I get?

The cover with the enclosed copy, USPS certified mailing with tracking to the owner (and the original contractor), and a permanent archive page with a timestamped record of the deposit — for one flat $39. The electronic return receipt is an optional add-on.

Before the affidavit

Subcontractors and suppliers give the §53.056 monthly notice of claim by the 15th of the third month, and the §53.057 retainage notice by the 30th day after the contract ends — $39 each.

Free deadline reminders

Run the calculator once per job and we'll email you before your send-by date. No account; stop anytime.

Track a deadline free

The clock is statutory. The proof should be too.

Five days after you file. One flat $39.

Send the copy