Legal Question in Construction Law in Colorado

lein, lawsuit

I filed a lien in a house in Denver Colorado last March 2006. The people contested it and sued me. The court date was in July 2006 I won the suit but was only awarded half of what my lien was for. Out if that money I need to pay attorneys fees which leaves me with about half of that amount. I�m a small business and when I didn�t get paid it has set me back tremendously ruined my credit, put my house in foreclose status. Isn�t there a way I can recover all the damages I incurred because of their non payment. Furthermore they still have not paid the judgment. The lawyer I�m using told me if I foreclose it will cost me more money. I thought the law in such instances is supposed to put you �whole� again. A $55,000.00 lien has cost me with everything I�ve lost about 80,000.00. Isn�t there a way I can recover this? When this happened I had expended all my resources therefore I was barley able to keep afloat as far as I can see all the late fee�s, lawyer fee�s, my time putting this together, not to mention the 20,000.00 in tools and equipment I have lost because I used them as collateral to borrow money to stay afloat, when the judgment came I still could have saved some of my tools but over 30 day�s later they still have't paid


Asked on 9/10/06, 4:15 am

1 Answer from Attorneys
Robert Murillo Pivotal Legal Ltd.

Re: lien, lawsuit

Sorry to hear about the problems regarding repayment. You do not explain the nature of the lien, but I will assume it is a form of mechanic's lien. As always, without the entire file and facts any discussion is based on assumptions and general concepts rather than specific advice on your situation.

Your attorney is right about proceeding to foreclose on the lien. That is another suit with all the requisite fees and costs.

You should already be utilizing all the rights and strategies to collect on this judgment including, but not limited to, filing a judgment lien, garnishment of wages, interrogatories on assets, collection on accounts and the like. Foreclosing on the lien is an entirely separate form of collection strategy and among the most time-consuming and expensive procedures.

Talk with your counsel on these matters or if you can no longer afford counsel, learn the law on collections. The CO judicial website has a good collection of forms and brochures at http://www.courts.state.co.us/chs/court/forms/garnishmentforms/garnishments.htm. (other forms and brochures are also at the site). Your local law library also has a variety of resources and the reference librarian can assist in directing you to such sources.

I wish you the best and good luck.

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Answered on 9/10/06, 12:22 pm


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