Menu
Home>Levelset Community>Legal Help>Can I file a lien claim even if the check is already written? Property manager keeps making excuses.

Can I file a lien claim even if the check is already written? Property manager keeps making excuses.

ColoradoMechanics LienNotice of Intent to LienRight to Lien

I submitted two invoices for jobs that I assumed I would probably have a hard time getting paid from, and I was right. They have tried extremely hard to keep from paying me. I filed an Intent to Lien and the customer supposedly authorized payment. The property manager now supposedly has the check, but keeps finding excuses not to mail it to me ("lost it on the reception desk," "wrote the wrong address," etc.). I don't believe this check exists, and I certainly won't get this or any check from them until I take action, rather than make hollow threats. Can I file a lien, even if they actually do have a check ready for me that the bumbling idiot property manager keeps forgetting to mail?

1 reply

Jul 8, 2020
Absolutely! A promise to pay is not the same as payment. If you're still waiting on payment, then you should be able to file a mechanics lien. But ultimately, the answer to your question comes down to a timing issue. The deadline to file a Colorado mechanics lien can vary, depending on the services you provided. The general rule is that the claim must be filed within 4 months from the last date of furnishing labor or materials to the project. However, if you solely provided labor (i.e. no materials or equipment) then the deadline is within 2 months of completion of the entire project. If you've complied with all of the Notice of Intent to Lien requirements, then you will need to wait at least 10 days after you deposited the notice in the mail before filing your claim. Just to recap here, you can file your claim 10 days after the notice was mailed, but it must be recorded before the filing deadline passes. For more on the Colorado mechanics lien process, see: How to File a Colorado Mechanics Lien | A Step-by-Step Guide 
0 people found this helpful
Helpful