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Austin's Alignment & Brakes: Wheel Alignment, Brake Service & Mechanic
7941 Burnet Rd, Austin, TX 78757, USA
(e) If no objection is filed for the substitution from the proposed qualified surety bond with the assets securing the lien claim inside of 30 days In spite of everything individuals entitled to note below subsection (d) of this Part have either acquired the recognize or happen to be served Together with the discover, or have waived any objections for the substitution, if the petition complies with the requirements of this Portion, the court, on ex parte motion with the petitioner, shall, In the event the court docket finds which the proposed bond is in truth an suitable surety bond, enter an purchase:
Presented, that the clerk or secretary, as the situation might be, to whom a duplicate with the complaint is shipped as herein presented may possibly pay back in excess of into the clerk from the court docket wherein this sort of fit is pending a sum ample to pay for the amount claimed to abide the result of these types of suit and become dispersed by the clerk in accordance with the judgment rendered or other courtroom order. Any payment so made to this sort of claimant or for the clerk in the court docket shall be considered a credit on the deal price tag to generally be compensated to these contractor.
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Sec. 30. Numerous liens; insufficient resources; Listening to; judgment. If there are various liens less than Sections 21 and 22 of this Act upon the exact same premises, as well as proprietor or anyone obtaining this type of lien shall anxiety that there is not a adequate volume coming towards the contractor to pay all these kinds of liens, the owner or any one or more individuals owning this kind of lien may possibly file his, her or their complaint within the circuit court docket of the appropriate county, stating these point and this sort of other facts as could possibly be enough to an entire knowledge of the legal rights of the get-togethers. The contractor and all individuals acquiring liens upon or who are interested while in the premises, as far as a similar are recognised to or may be ascertained because of the plaintiff, upon diligent inquiry shall be made get-togethers. Upon the hearing the court docket shall locate the amount due from your owner into the contractor, and the quantity due to each from the folks acquiring liens, and just in case the amount identified to get as a result of contractor shall be insufficient to discharge each of the liens in total, the amount so present in favor of the contractor shall be divided amongst the individuals entitled to this sort of liens Professional rata once the payment of all claims for wages in proportion towards the amounts so uncovered for being thanks them respectively.
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If any social gathering tends to make a payment on the lien claimant in five months of your filing of the criticism less than this Area, the principal within the bond could petition the court for a discount of the bond equivalent to the amount of the payment created.
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(file) If an objection is submitted inside of thirty days of service of discover expected by this Segment, the petitioner may perhaps, upon see to all parties to whom the notice was needed to be served, go for any Listening to as to the adequacy on the proposed suitable surety bond. The stress shall be upon the petitioner to establish prima facie find out here now which the proposed surety bond can be an eligible surety bond.
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