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Will I need to resend "intent to file lien" if the amount listed is higher than actual lien amount?

ColoradoNotice of Intent to Lien

When I had submitted the letter of intent to file a lien I had included fees that can not been included in the lien amount, but can be awarded by court at later time. The Intent to File a Lien document was sent with the lien amount noted at $2999, however if the lien is actually filed it will be for $2522. Do I need to send a new intent to file with the correct amount? I am hoping that because the amount is less that it will not be an issue. Thanks for your help. - If you cant reach me at the office please try me on my cell - 970.948.8709

1 reply

Oct 31, 2018

While it is always best for a notice of intent to match the subsequent lien (and provide notice of the amount that may actually be lien-ed for) the problems associated with filing a subsequent lien for a lesser amount are likely less than filing a later lien for more. It is probably unlikely that a miscalculation of the lienable amount on the notice of intent would invalidate any later and otherwise valid lien, since it fulfilled it's purpose of providing notice of the potentially filing of the lien prior to that action being undertaken.

That being said, provided there is still time before any applicable deadline, there is likely no harm in resending a notice of intent that matches the potential lien exactly.

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