How to protect against a property lien

7 months ago

My contractor won a judgement against me. The statute of limitations has run out for a mechanics lien. Can he still lien my home because of the judgement?

Senior Legal Associate Levelset
445 reviews

If the timeframe for filing a mechanics lien has come and gone without a mechanics lien being filed, then winning a judgment won’t reopen that timeframe. However, whenever a contractor has a judgment in hand, they may no longer need to look to a mechanics lien for protection. Rather, with a judgment won, a contractor may pursue a judgment lien against the property.

Judgment liens are commonly used to ensure that the prevailing party actually obtains whatever award has become due as a result of winning the lawsuit at issue. Just like mechanics liens, they’re very serious. And, in a sense, they may be even more trouble than a mechanics lien claim since the dispute has already been heard and decided by a court. So, there’s less room to argue about the validity or basis of the underlying claim.

For more information on Colorado judgment liens: Judgment Liens on Property in Colorado. For more on how best to fight off a potential judgment lien against your property, it might be wise to consult a local real estate attorney to see how what options may be available.

Disclaimer: The information presented here is not legal advice and should not be construed as such. Rather, this content is provided for informational purposes. Do not act on this information as if it is advice. Further, this post does not create any attorney-client relationship. If you do need legal advice, seek the help of a local attorney.
Your answer or comment:
Are you a Registered Expert?
You are not logged in and will be posting
anonymously. Log in Now
Get answers from construction attorneys and payment experts
120 Character Limit