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Mechanics Lien on my property

ColoradoLien Releases

I won a small claims suit against my contractor for breach of contract and damages to my property. They filed a mechanics lien and wont take if off after I won my lawsuit. Now that I won judgement against them, doesn't that make the lien invalid? How do I get it released?

1 reply

Nov 9, 2020

Winning a small claims court action against your contractor won't automatically invalidate a mechanics lien filing. Depending on the circumstances, it could be a very strong indicator that the lien is improper and should be tossed aside - and an owner could use that to request a trial court order the lien to be released. But, by itself, that judgment won't cause the lien to be released.

The fastest and easiest way to get a lien removed is to have the lien claimant remove the lien themselves. Sending them a demand letter requiring them to release their lien, perhaps under the threat of legal action, might convince them to release their lien. For that, consulting with a local Colorado construction attorney could help. Plus, they may be able to help by appearing before the court to request the lien removal. And, if need be, they could initiate legal action to get the lien removed and to seek damages from the lien claimant. 

For help finding the right lawyer: Top Colorado Construction Lawyers.

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