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What do I do when I have not heard from the customer except for an attempt not to pay?

Hello and Happy Holidays! I have a question and would like some advice. I filed a lien in Weld County Colorado first on dec 5th and then an amendment on December 18th. I have not hear from the customer except for intent not to pay with no explanation as of why. Should I wait and notify all interested parties of the lien or would it be more effective to start working with a lawyer to move to foreclosure? Thanks so much! Janae Adams green Rootz landscaping

1 reply

Dec 30, 2019

The more communication on a construction project, the more likely a payment issue can be resolved without resorting to the courts. Although not required by Colorado mechanics lien law, there are two more steps a claimant can take to induce payment before filing a lawsuit. One, which you hinted at in your question, is to send a copy of the lien claim to the property owner and the general contractor on the project. At the very least, this can put your unpaid debt on the owner's radar, and may be enough to get you paid. The other would be sending a Notice of Intent to Foreclose, a form of which can be downloaded here. We consider this a final warning shot to the property owner. This notice should state that if payment isn't made within x amount of days that you are willing and able to file a lawsuit to enforce (foreclose) your lien claim. Given the drastic nature of foreclosure, unless the owner is contesting the amount due, this will typically work to get you paid. No one wants to spend the time and money to defend a foreclosure lawsuit. Here are some other resources you may find helpful:

Good luck, and Happy New Years!

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