Detailed Answer

In Texas, collecting personal property under a statutory lien (for example, a landlord’s lien or a storage lien) requires strict compliance with the Texas Property Code. You must prepare, notarize, file, and serve an affidavit of collection in the form and within the timeframes set by law. Below are the key steps.

1. Identify the Applicable Lien Statute

• Landlord’s Lien: Tex. Prop. Code §§ 54.041–.045 (real estate landlord’s lien on tenant’s goods). See https://statutes.capitol.texas.gov/Docs/PR/htm/PR.54.htm.
• Storage Lien: Tex. Prop. Code §§ 70.001–.008 (self-storage or warehouseman’s lien). See https://statutes.capitol.texas.gov/Docs/PR/htm/PR.70.htm.

2. Prepare the Affidavit of Collection

1. Use the statutory form or include all required elements: claimant’s name, address, a description of the property, date of default or nonpayment, and the amount due.
2. Under an affidavit, swear or affirm under penalty of perjury that the facts are true and correct.

3. Notarize the Affidavit

Sign the affidavit in front of a Texas notary public. The notary must:

• Verify your identity (government ID or personal knowledge).
• Witness your signature.
• Affix the official notarial seal and commission expiration date.

4. File and Record

• Landlord’s Lien: File the verified inventory or affidavit with the county clerk in the county where the leased premises lie. (Tex. Prop. Code § 54.041(b)).
• Storage Lien: File the statement of lien verified by affidavit with the county clerk within 30 days after the last day specified for payment. (Tex. Prop. Code § 70.002(b)).
• Pay the clerk’s recording fee at the time of filing.

5. Serve Required Notices

After filing, you must serve written notice on the owner or debtor. Delivery methods vary:

• Certified mail with return receipt.
• Personal delivery (in some cases).

The notice must include a description of the property, the amount owed, and the time and place of sale. (See Tex. Prop. Code §§ 54.041(d), 70.003.)

6. Observe Statutory Waiting Period

Wait the minimum period after notice before conducting a public sale. For storage liens, you must allow at least 10 days’ notice. (Tex. Prop. Code § 70.003(a)). For landlord’s liens, allow at least three days after delivering the written demand. (Tex. Prop. Code § 54.041(a)).

7. Conduct the Sale and File Post-Sale Affidavit

• Hold the sale at the time and place specified in your notice.
• After the sale, execute a post-sale affidavit (often called an affidavit of disposition) stating the sale details.
• File the post-sale affidavit with the county clerk to clear title. (Tex. Prop. Code § 70.008 for storage liens; § 54.043 for landlord’s liens.)

Helpful Hints

• Double-check statutory deadlines and notice requirements under the Texas Property Code.
• Use clear, detailed property descriptions (make, model, serial numbers).
• Keep proof of service (certified mail receipts or signed delivery acknowledgments).
• Maintain organized records: filing receipts, notices, affidavits, and sale documents.
• Confirm that your notary’s commission is active on the date of notarization.
• Consider professional help if the transaction involves high-value property or contested rights.