Legal Question in Real Estate Law in Colorado

Abandoned Automobiles and Mechanics Right to Sell Them

I was wondering what the Colorado Law is concerning the application for a title by a mechanic and/or dealership for the purpose of selling a car that has been abandoned by its owner in the mechanic's and/or dealership's lot for a very long extended period of time.


Asked on 8/20/02, 12:45 am

1 Answer from Attorneys

Jason Savela The Savela Law Firm, PC

Re: Abandoned Automobiles and Mechanics Right to Sell Them

Attached are some relevant laws on this in Colorado. I would determine how much work was done to the car and how much you charge for storage and then file a for that amount. Likely you will not be contested and the court may give you title which you can then transfer in sale.

Jason

38-20-106 - Lien for labor.

Any mechanic or other person who makes, alters, repairs, or bestows labor upon any article of personal property, at the request of the owner of such personal property or his agent shall have a lien upon such property for the amount due for such labor done or material furnished and for all costs incurred in enforcing such lien.

38-22-109 - Lien statement.

(1) Any person wishing to use the provisions of this article shall file for record, in the office of the county clerk and recorder of the county wherein the property, or the principal part thereof, to be affected by the lien is situated, a statement containing:

(a) The name of the owner or reputed owner of such property, or in case such name is not known to him, a statement to that effect;

(b) The name of the person claiming the lien, the name of the person who furnished the laborers or materials or performed the labor for which the lien is claimed, and the name of the contractor when the lien is claimed by a subcontractor or by the assignee of a subcontractor, or, in case the name of such contractor is not known to a lien claimant, a statement to that effect;

(c) A description of the property to be charged with the lien, sufficient to identify the same; and

(d) A statement of the amount due or owing such claimant.

(2) Such statement shall be signed and sworn to by the party, or by one of the parties, claiming such lien, or by some other person in his or their behalf, to the best knowledge, information, and belief of the affiant; and the signature of any such affiant to any such verification shall be a sufficient signing of the statement.

(3) In order to preserve any lien for work performed or laborers or materials furnished, there must be a notice of intent to file a lien statement served upon the owner or reputed owner of the property or the owner's agent and the principal or prime contractor or his or her agent at least ten days before the time of filing the lien statement with the county clerk and recorder. Such notice of intent shall be served by personal service or by registered or certified mail, return receipt requested, addressed to the last known address of such persons, and an affidavit of such service or mailing at least ten days before filing of the lien statement with the county clerk and recorder shall be filed for record with said statement and shall constitute proof of such service.

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Answered on 8/20/02, 7:09 pm


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