How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask lwpat Your Own Question

lwpat
lwpat, Attorney
Category: Business Law
Satisfied Customers: 25384
Experience:  Attorney with over 35 years of business experience.
15417118
Type Your Business Law Question Here...
lwpat is online now
A new question is answered every 9 seconds

a lawyer sent me a copy of a lien request to the county. he

Resolved Question:

a lawyer sent me a copy of a lien request to the county. he is putting a lien on my house. he never sent me an intent via registered or certified mail, although he signed the request indicating he did. what can i do get the lien removed?
Submitted: 5 years ago.
Category: Business Law
Expert:  lwpat replied 5 years ago.
That depends on a lot of factors. Is there a judgment or is this a mechanic's lien? What is your state?
Customer: replied 5 years ago.
The lien is classified as Mechanics' ,State is Colorado
Expert:  lwpat replied 5 years ago.
Colorado law recognizes that when a person, or corporation, provides labor, materials, or laborers for a construction project or improvement of land, that party shall have the legal authority to assert a lien against the property being improved. Central to properly obtaining a lien is the filing of a construction contract or a memorandum describing the contract with the county recorder prior to the commencement of work. If a memorandum is used, it should describe all of the parties involved in the contract, a description of the property, a description of the work to be dome, and the total amount to be paid under the contract and under what terms. Failure to file the contract or memorandum results in the parties providing labor or materials to the construction project being presumed to have a lien for the value of the labor or materials provided.

Notice of Materials or Labor Furnished.

Any party entitled to a lien, except the principal contractor, may at any time give to the owner, or other person responsible for disbursing funds, a written notice advising that the party giving the notice has provided or will provide labor or materials to the project. This written notice serves to advise the party funding the project that the party serving the notice is entitled to be paid and is someone who could potentially file a lien. The notice includes the estimated or agreed value of the labor or materials that have been supplied or will be supplied. Properly served, this notice requires the parties financing the construction project to withhold the amount of value of these labor or materials from the principal contractor to satisfy the claim or lien. C.R.S.§38-22-102.

Filing a Lien Statement.

To file a lien, the party claiming the lien, (the lien claimant), must file a lien statement in the office of the county clerk and county recorder. Before a lien statement can be filed the lien claimant must serve the property owner and principal contractor with a notice of intent to file a lien at least ten days before the lien statement is filed. C.R.S.§38-22-109(11).

A lien statement must contain the property owner's name, if known, as well as the name of the lien claimant, and the contractor for whom the lien claimant worked if the lien claimant is a subcontractor. In addition, the notice must contain a property description and a statement of how much the lien claimant is owed. C.R.S.§38-22-109(1).

Timely Filing of Lien Statement

Lien statements claiming payment for labor or work by the day or piece must be filed within two months of the completion of the project. Otherwise, the lien statement must be filed within four months of the day the last work was performed or materials supplied by the lien claimant. C.R.S.§38-22-109(4)

Filing a Notice of Intent to File a Lien

To extend the amount of time within which to file a lien statement the lien claimant may file with the county clerk a Notice of Intent to File a Lien. This notice contains a property description, the lien claimant's name address and telephone number, and the name of the party the claimant has contracted with. The filing of this notice extends the time the lien claimant may file a lien statement to four months after completion of the project or six months after the filing of the notice, whichever comes first. C.R.S.§38-22-109(4)-(10).

Duration of a Notice of Intent

A Notice of Intent to File a Lien automatically terminates six months after filing. However, if improvements are not yet complete, prior to termination of the notice the claimant may file an amended notice and extend the notice an additional six months from filing or four months from completion of the project. C.R.S.§38-22-109(10).

Duration of a Lien Statement

Regardless of when the lien statement is filed, no lien statement shall remain effective longer than one year from filing unless within thirty (30) days of the one year anniversary of the filing the claimant files with the county recorder an affidavit stating that improvements on the property have not been completed. C.R.S.§38-22-109(9).

Assignment of a Lien or Claim

It is possible for a lien claimant to assign in writing his claim and lien to another party. That party then has all the rights and remedies provided by law of original lien claimant for the purposes of filing and enforcing the original lien claimant's lien. C.R.S.§ 38-22-117.

Satisfying a lien

After the lien has been filed, the property owner may have the lien removed by paying the amount of the lien together with the costs of filing and recording the lien. After payment, the property owner may demand that the lien claimant file with the county recorder an Acknowledgment of Satisfaction, which attests to the fact that the lien has been satisfied. A lien claimant who does not file an Acknowledgment within ten days of the property owner's request shall forfeit the amount of $10.00 per day. C.R.S.§38-22-118.

 

Here you can file a Motion for Summary Judgment asking that the lien be vacated for lack of proper notice or for any other failure to properly follow the statute. It is very specific and failure to comply is fatal. Here the attorney would have to have more than just his word that you were served. He would need actual proof of service by a process server or where you signed for certified mail. You really need a construction law attorney to handle this for you.

lwpat, Attorney
Category: Business Law
Satisfied Customers: 25384
Experience: Attorney with over 35 years of business experience.
lwpat and 4 other Business Law Specialists are ready to help you
Expert:  lwpat replied 5 years ago.
Colorado law recognizes that when a person,
or corporation, provides labor, materials, or laborers for a construction
project or improvement of land, that party shall have the legal authority
to assert a lien against the property being improved. Central to
properly obtaining a lien is the filing of a construction contract or a
memorandum describing the contract with the county recorder prior to the
commencement of work. If a memorandum is used, it should describe
all of the parties involved in the contract, a description of the property,
a description of the work to be dome, and the total amount to be paid under
the contract and under what terms. Failure to file the contract or
memorandum results in the parties providing labor or materials to the construction
project being presumed to have a lien for the value of the labor or materials
provided.




Notice of Materials or Labor Furnished.

Any party entitled to a lien, except the principal contractor,
may at any time give to the owner, or other person responsible for disbursing
funds, a written notice advising that the party giving the notice has provided
or will provide labor or materials to the project. This written notice
serves to advise the party funding the project that the party serving the
notice is entitled to be paid and is someone who could potentially file
a lien. The notice includes the estimated or agreed value of the
labor or materials that have been supplied or will be supplied. Properly
served, this notice requires the parties financing the construction project
to withhold the amount of value of these labor or materials from the principal
contractor to satisfy the claim or lien. C.R.S.§38-22-102.

Filing a Lien Statement.

To file a lien, the party claiming the lien,
(the lien claimant), must file a lien statement in the office of the county
clerk and county recorder. Before a lien statement can be filed the
lien claimant must serve the property owner and principal contractor with
a notice of intent to file a lien at least ten days before the lien statement
is filed. C.R.S.§38-22-109(11).

A lien statement must contain the property owner's
name, if known, as well as the name of the lien claimant, and the contractor
for whom the lien claimant worked if the lien claimant is a subcontractor.
In addition, the notice must contain a property description and a statement
of how much the lien claimant is owed. C.R.S.§38-22-109(1).

Timely Filing of Lien Statement

Lien statements claiming payment for labor or
work by the day or piece must be filed within two months of the completion
of the project. Otherwise, the lien statement must be filed within
four months of the day the last work was performed or materials supplied
by the lien claimant. C.R.S.§38-22-109(4)

Filing a Notice of Intent to File a Lien

To extend the amount of time within which to
file a lien statement the lien claimant may file with the county clerk
a Notice of Intent to File a Lien. This notice contains a property
description, the lien claimant's name address and telephone number, and
the name of the party the claimant has contracted with. The filing
of this notice extends the time the lien claimant may file a lien statement
to four months after completion of the project or six months after the
filing of the notice, whichever comes first. C.R.S.§38-22-109(4)-(10).

Duration of a Notice of Intent

A Notice of Intent to File a Lien automatically
terminates six months after filing. However, if improvements are
not yet complete, prior to termination of the notice the claimant may file
an amended notice and extend the notice an additional six months from filing
or four months from completion of the project. C.R.S.§38-22-109(10).

Duration of a Lien Statement

Regardless of when the lien statement is filed,
no lien statement shall remain effective longer than one year from filing
unless within thirty (30) days of the one year anniversary of the filing
the claimant files with the county recorder an affidavit stating that improvements
on the property have not been completed. C.R.S.§38-22-109(9).

Assignment of a Lien or Claim

It is possible for a lien claimant to assign
in writing his claim and lien to another party. That party then has
all the rights and remedies provided by law of original lien claimant for
the purposes of filing and enforcing the original lien claimant's lien.
C.R.S.§ 38-22-117.

Satisfying a lien

After the lien has been filed, the property owner
may have the lien removed by paying the amount of the lien together with
the costs of filing and recording the lien. After payment, the property
owner may demand that the lien claimant file with the county recorder an
Acknowledgment of Satisfaction, which attests to the fact that the lien
has been satisfied. A lien claimant who does not file an Acknowledgment
within ten days of the property owner's request shall forfeit the amount
of $10.00 per day. C.R.S.§38-22-118.


Here you can file a Motion for Summary Judgment asking that the lien be vacated for lack of proper notice or for any other failure to properly follow the statute. It is very specific and failure to comply is fatal. Here the attorney would have to have more than just his word that you were served. He would need actual proof of service by a process server or where you signed for certified mail. You really need a construction law attorney to handle this for you.






JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • Law Pro

    Attorney

    Satisfied Customers:

    1426
    20 years experience in business law - sole proprietor, partnership, and corporations
< Last | Next >
  • http://ww2.justanswer.com/uploads/LA/lawpro/2012-6-25_171315_PT206740s.64x64.jpg Law Pro's Avatar

    Law Pro

    Attorney

    Satisfied Customers:

    1426
    20 years experience in business law - sole proprietor, partnership, and corporations
  • http://ww2.justanswer.com/uploads/DC/DCraneEsq/2012-8-14_14436_DCrane.64x64.jpg MShore Law's Avatar

    MShore Law

    Attorney

    Satisfied Customers:

    1233
    Drafted Negotiated and/or Reviewed Thousands of Commercial Agreements
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    1162
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    1142
    Run my own successful business/contract law practice.
  • http://ww2.justanswer.com/uploads/ohioatty/2009-1-22_185545_me.jpg J.Hazelbaker's Avatar

    J.Hazelbaker

    Attorney

    Satisfied Customers:

    393
    Experienced and trained in the area of business law.
  • http://ww2.justanswer.com/uploads/scottymacesq/2009-6-10_221523_small.jpg RGMacEsq's Avatar

    RGMacEsq

    Attorney

    Satisfied Customers:

    393
    Licensed Texas General Practice Attorney
  • http://ww2.justanswer.com/uploads/BA/barristerinky/2012-6-10_22423_office.64x64.jpg Barrister's Avatar

    Barrister

    Attorney

    Satisfied Customers:

    301
    13 years practicing attorney, MBA
 
 
 

Related Business Law Questions

Chat Now With A Business Lawyer
lwpat
lwpat
Business Lawyer
25384 Satisfied Customers
Attorney with over 35 years of business experience.