Debt Collector's Mechanic's Lien Practice Constitutes Unauthorized Practice of Law in Construction Industry Collections

The Houston Court of Appeals affirmed a permanent injunction against Ray Crain and Credit Management Consulting Company, holding that their preparation and filing of mechanic's liens and lien affidavits on behalf of construction industry clients constituted unauthorized practice of law. The court rejected Crain's argument that Property Code § 53.054 authorized non-attorneys to prepare lien affidavits, finding that such preparation impliedly advised clients of their legal rights and involved use of legal skill and knowledge.