Legal Question in Business Law in Colorado
Mechanics Lien, How do I file?
My husband won his case in a Colorad county court and was told to file a statement of lien with notice of intent. Is this a mechanics lien? If so, can he file without an attorney? Where can we find the form and the help? We are not wealthy. Thank you
1 Answer from Attorneys
Re: Mechanics Lien, How do I file?
Congratulations on the court victory. Now you have to take several other steps to collect on that judgment.
As to your question, you cannot file a mechanic's lien for a judgment. You can, however, file a transcript of judgment against the debtor's (the defendant's)real property provided it is not covered by the homestead exemption. To get the location and nature of the property you first need the debtor to answer various questions, as I discuss below.
When you win a judgment you can proceed with various collection strategies. It is usually a good idea to write the debtor and request payment of the judgment. If they refuse, and you already have the Order of Judgment, you can serve that judgment to the defendant (now called the debtor) with your interrogatories. The interrogatories are written questions about the debtor's job, real and personal property, assets, bank accounts and other questions.
Hopefully the debtor will answer the questions. Armed with the information you can then know where to file the transcript of judgment and you can also proceed with garnishment of accounts, wages and execution on other property.
The above is only a brief discussion as the whole process is too involved to adequately answer here. If you cannot afford an attorney, you will have to learn the law and get the correct forms.
The Colorado Judicial Branch website has several of the applicable forms and a good instruction manual on garnishment and judgment collection at www.courts.state.co.us/chs/court/forms/garnishmentforms/garnishments.htm. Start there and get other forms and resources at the law library. Hope this helps and good luck.
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