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what is proper service considered for "intent to file mechanics lien"? What is this about an affidavit being necessary to prove service?

contractor paid for work completed, demanding money for work not completed or even started per contract, placing mechanic's lien for threat, owner given "intent to file lien" , in person, no affidavit signed, no receipt of lien papers being given to owner. Contractor threatens verbally "I've got you served on my phone camera". IS THIS A VALID SERVICE OF INTENT IN COLORADO?

1 reply

Apr 2, 2018

Colorado's Notice of Intent to Lien is a tricky document - I think an explanation the requirements for a valid Notice of Intent to Lien will provide some clarity. In Colorado, under § 38-22-109(3) of the lien statute, a Notice of Intent to Lien must be given to the owner at least 10 days prior to filing a Colorado mechanics lien. Plus, the deadline to file a Colorado lien is unaffected by the Notice of Intent to Lien. This means the process for a lien filing really starts 10 days before the deadline provided by statute. If a Notice of Intent to Lien is properly served (more on that in a second), a lien claimant will have the right to file a mechanics lien once 10 days have passed - provided, of course, that any other applicable notice and deadline requirements were also followed. The Notice of Intent to Lien must either be served by (1) personal service, or (2) certified or registered mail, return receipt requested. Regarding the Affidavit of Delivery - this affidavit is a document submitted by the party sending the Notice of Intent to Lien. By submitting an Affidavit of Delivery, the noticing party swears that the Notice of Intent to Lien was properly served. Along with the Notice of Intent, a notifying party must also provide a copy of the Statement of Lien that will after 10 days have passed. If the notice requirements outlined here were not followed, the Notice of Intent to Lien may very well be insufficient by the Colorado mechanics lien statute. If that is the case, an action to challenge a later-filed mechanics lien would likely be effective to invalidate a mechanics lien filing. Note, however, that mechanics liens that have imperfections are actually filed all the time - a recorder's office often lacks the bandwidth or even the authority to scrutinize every lien claim. Thus, it may take legal action to remove such a lien, even if the lien is invalid. However, sending the potential claimant a notice or even a threat of contesting the lien for failure to adhere to statutory requirements could be effective in preventing a lien claim. Further, if an owner notifies a claimant that a false or fraudulent claim could result in serious legal penalty, a claimant may think twice about filing a questionable claim for payment.

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