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does it count?

ColoradoMechanics Lien

i mailed a notarized " notice of intention" document to the customer who is refusing to pay. i sent it via regular mail yesterday. i spoke with the gentleman on the phone today and informed him that this document is on its way and he should have it in a few days. this conversation was recorded on my cell phone via an android app from the google play store. does that count as proof it was served?

1 reply

Oct 17, 2019
Unfortunately, this method of service will not be valid under Colorado mechanics lien laws. Mechanics liens are creatures of statute, which requires strict compliance with the governing provisions. A Colorado Notice of Intent to Lien must be served by either personal service or by registered or certified mail, return receipt requested. Sending this notice by "regular mail" will not fall under the notice requirements. Depending on the mechanics lien filing deadline, (120 days from last furnishing of labor or materials, or 60 days if furnished just labor) there is may still be an opportunity to send a Notice of Intent 10 days before filing in the proper manner. However, regarding your question, once the notice is sent in one of the two valid methods of mailing (registered or certified), a Colorado Notice of Intent to Lien is effective upon mailing. Once sent, an affidavit of service should be filled out and notarized stating that the notice was properly sent. This affidavit should be included when filing a lien statement. For additional resources: Colorado Preliminary Notice Guide & FAQs
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