Home>Levelset Community>Legal Help>what are my options after mechanics lien has been filed but haven’t been paid?

what are my options after mechanics lien has been filed but haven’t been paid?

Hi, We have filed a mechanics lien on a property and still have not got paid. the last day we provided labor was August 24, we don’t have capital to enforce the lien and would like to know what can we do or what options do we have to be able to get paid??

2 replies

Feb 15, 2022

If you cannot afford to foreclose on the lien or passed the time to file a foreclosure lawsuit, you can still sue. If the amount due is $7500 and under, go through small claims. The rules, the handbook, instructions, forms, and other resources are all available here https://www.courts.state.co.us/Self_Help/smallclaims/ If this is below $25,000, this could be brought in County Court. The instructions, forms, and other resources are all available here https://www.courts.state.co.us/Self_Help/25000orless/ If you plan to do this pro se, you still must learn and apply all the rules of procedure and evidence. The statutes and rules of procedures are here https://bit.ly/3zLdIwU. You can find cases here https://scholar.google.com/.You should reach out to CU law library reference services. You can also take out various practice resources. They are also still doing virtual reference services so that is a good first place to start as a pro se party. https://lawlibrary.colorado.edu/ Nolo has an excellent book that provides an overview of civil suits http://www.nolo.com/products/represent-yourself-in-court-RYC.html. Of course, having an attorney to enter and represent you in full is the best way to go if you hope to succeed in the lawsuit and collect. Of course, that is costly. If you cannot afford a full representation, you should contact an attorney and consider having a limited representation. In this representation, the attorney provides specified services and they do not enter as the attorney of record in the case. This is normally less expensive and requires a smaller retainer. This is strongly advised as they can help you properly structure your complaint, prepare, and act as a resource throughout the process. Our office and others offer limited representation. This is a brief overview https://bit.ly/3xY5VJS. I hope this helped answer your question and reach out to attorneys for a consultation right away.

1 person found this helpful

Helpful

Feb 17, 2022

In order to enforce the lien, you would need to initiate a foreclosure action. The timeline is usually very strictly construed. If you are owed a decent amount of money, it’s worth looking into filing a Complaint and initiating litigation. If you do not perfect your lien, it will expire.

0 people found this helpful

Helpful