I am wanting to enforce the mechanics lien I have for a customer here in Colorado. I have paid for LegalGuard but don't know how to actually get in touch with an attorney. All it has when you click "Ask an attorney" is the option to put your question into a forum, you don't actually get to talk to an attorney. I need to talk to an attorney so he can enforce the lien.
I can't answer who you need to talk to about the process they use to arrange the Legal Guard attorney. Chat here and see if they can help https://www.levelset.com/contact-us/help/#support-chat.
As for the process to foreclose the lien, that I can answer. If the deadline to enforce the lien is coming up shortly, you need to contact a construction attorney very quickly. The first thing they will do is order a litigation guarantee from a title company. Getting this certificate can take about a week for the title company and their other projects.
After the attorney gets the certificate, they will then draft a summons and complaint to foreclose the lien in the applicable district court. This must be filed within six months after the later of the following: (1) the last date that work was performed; (2) the last date that materials were furnished; or (3) the date that the building or improvement on the property was completed. This can be a complicated calculation and must be determined exactly as the application of the timeline is strict and you have the burden of proving the suit was timely filed. Your attorney would also file a lis pendens.
Alternatively, you can proceed to sue and then try to win that and proceed to try to collect. A foreclosure action is not the only means to try to collect the amount due.
Please call my office. I can explain the steps necessary and also discuss how you may wish to proceed. I have practice for 28 years and this is an area of focus.
Thanks,
Jim
719-635-4200