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5 min read

Why Waiting Until the 15th Risks Texas Lien and Bond Rights

Kristin Alford January 29, 2026

Notice & Lien Mechanics Lien Mechanic's Liens & Bond Claims Preliminary Notices & Construction Credit News
Why Waiting Until the 15th Risks Texas Lien and Bond Rights

Texas construction deadlines are strict. When notice timing slips by even one day, mechanic’s lien and bond claim rights can be lost. For many credit teams, the 15th of the month has long been treated as the final, safe mailing date.

 

What Is New Lien Law in Texas?

Texas law has not changed. What has changed is how the U.S. Postal Service applies postmarks. Under updated USPS processing practices effective December 24, 2025, a notice mailed on the 15th may not receive a same-day postmark, making last-minute mailing riskier than it was in the past.

This risk is not limited to preliminary notices. On public projects, Texas bond claims are often sent by certified mail, where postmark timing can be just as critical.

 

Why Credit Teams Often Wait Until the Last Day

Many credit professionals delay sending a Texas notice because they want to give their customers every chance to pay. That instinct makes sense. No one wants to escalate issues unnecessarily or harm a working relationship by sending a legal notice if payment is likely to arrive just in time.

In practice, this often looks like:

  • Monitoring payments through the 14th
  • Hoping a check clears or a wire arrives
  • Mailing the notice on the 15th if payment does not come in

For years, this method felt safe. Notices mailed on the deadline usually got same-day postmarks, and compliance questions were rare. Today, that assumption is no longer reliable.

Why Waiting Feels Reasonable, but Creates Risk

Mailing earlier doesn’t mean ruining customer relationships or escalating disputes too soon. It separates managing relationships from meeting legal requirements.

A notice or bond claim protects rights without stopping ongoing communication or resolution. Waiting until the 15th raises the chance that a reasonable, good-faith approach could lead to lost rights.

Why Last-Day Mailing Is Riskier Than It Used to Be

For years, mailing on the 15th felt predictable. Credit teams could expect a same-day postmark. That predictability has shifted. Increased mail volume, staffing limitations, and centralized processing make the time between drop-off and official processing less consistent.

When notices are mailed earlier in the month, a delayed scan usually doesn’t have much impact. However, when mailed on the last day, even a one-day delay can threaten enforceability. The risk is procedural, not theoretical, and it affects parties relying on the mail.

 

What Changed With USPS Postmarking

USPS now typically applies postmarks based on the date when a piece of mail first gets an official processing scan. That scan doesn’t always happen the same day a notice or bond claim is dropped off.

Depending on mail volume and timing, a document mailed on the 15th might not get a postmark until the 16th. For Texas notices and bond claims, this difference can lead to compliance issues.

When a postmark is outside the deadline, the notice or claim may be seen as late, even if the sender acted in good faith.

How Postmark Dates Are Now Determined

Under current USPS rules, the postmark shows when the mail first receives an official processing scan, not when it is handed to a clerk or put in a collection box.

That first scan could happen at a local facility, a regional processing center, or after being transported somewhere else. The postmark reflects the USPS handling times, not the sender’s drop-off date.

For time-sensitive documents, this difference is critical when mailing on the deadline.

 

Why This Matters for Texas Notices and Bond Claims

Texas notices must be sent on strict monthly deadlines. Bond claims on public projects also depend on timely service, and many are still mailed using certified mail instead of overnight service or a courier.

In both cases, parties rely on the mailing date and postmark to show compliance. When a postmark changes by even one day, the consequences can be serious.

Waiting until the 15th leaves little room for error. Once USPS processing timing is considered, control over compliance decreases.

This isn't a change in Texas mechanic’s lien or bond claim law. The change is in how reliably last-minute mailing preserves rights.

 

How This Affects Private vs. Public Texas Projects

Private projects: notices are vital for protecting mechanic’s lien and bond claim rights. They are often sent by certified mail, and mailing timing can directly influence lien/claim enforceability.

Public projects: Mechanic’s liens are not available, but bond claims protect payment rights. Sworn statements of account and related documents are often sent by mail, and delays in postmarks create similar compliance risks as notices in private jobs.

Tip: Some teams use FedEx or other trackable courier services for bond claims, especially when mailing near a deadline. This can reduce uncertainty and provide proof of timely delivery.

In both private and public cases, relying on last-day mailing puts rights at unnecessary risk.

 

The Real Issue Is Decision Timing, Not Mailing Speed

For most credit teams, the challenge isn’t access to the post office or the mailing method. The issue is when the decision to send the notice or bond claim is made.

When the decision happens on the 15th, there’s no time to manage:

  • USPS scanning delays
  • Transportation cutoffs
  • Processing backlogs

Making the decision earlier lowers risk much more effectively. A practical adjustment you can make is:

  • Give customers until the 12th or 13th to resolve payment
  • If payment hasn’t arrived, prepare and mail the notice or claim
  • Use the 14th as a buffer, not the target date

This allows time for payment while keeping mechanic’s lien and bond claim rights intact.

 

This Issue Is Showing Up Outside Construction Too

Concerns about USPS postmark timing aren’t just for construction. Tax guidance and consumer reporting deadlines now warn that waiting to mail until the last day may be too risky.

Tax professionals and government agencies advise filers to mail returns several days before April 15. They note that mailing a return on the deadline doesn’t guarantee a timely postmark.

The message is clear: when deadlines matter, mailing earlier is not just cautious; it’s practical.

 

NCS Credit Best Practices for Texas Notices and Bond Claims

To lower risk under current USPS practices, credit teams should:

  • Move internal decision deadlines earlier in the month
  • Plan to mail Notices of Nonpayment and bond claim documents by the 13th or 14th 
  • Avoid reliance on last-day postmarks
  • Treat USPS timing as a variable, not a certainty

These changes don’t require new systems or legal interpretations. They simply align with how mail is processed today.

 

Frequently Asked Questions About Texas Notices of Nonpayment and USPS Postmarks

 

Key Takeaways

Texas mechanic’s lien and bond claim laws haven’t changed. However, the mailing environment has. Waiting until the 15th to decide whether to send a notice or claim now carries more risk than many credit teams realize.

Giving customers until the 12th or 13th to pay and then mailing the required documents creates a practical cushion against USPS postmark delays. Protecting mechanic’s lien and bond claim rights means making decisions earlier, not later.

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