Legal Question in Real Estate Law in Colorado
We are trying to get a wrongfully filed lien taken off our house. The individual lives in another county. How do we serve him in his county and what form should we use to get him to court in our county. We are in the state of Colorado. We are planning to use a summons and "complaint under simpilified civil procedure" Is this form o.k. even though it asks his address and the county he lives in?
We are on a fixed income and can not afford to pay for this answer. I hope you will help us
Thank you,
1 Answer from Attorneys
You do not state the exact nature of the lien at issue. Depending on the lien there may be different ways to proceed. If this is defined as a spurious lien or document, you can file under the expedited procedures of CRS �� 38-35-201 et seq. If this is a mechanics lien issue, then you cannot use the spurious lien statute and you would need to make a claim under CRCP Rule 105 and then make a motion for summary judgment or failure to state a claim. Under Rule 105 the action must be filed in the county where the property is located.
In short, to have an idea of what you must file will require more information. If you cannot afford an attorney then you should contact Colorado Legal Services and see if you qualify. To qualify you normally need to be around poverty level. The requirements can vary so you should contact them directly.
If you do not qualify for free assistance, I would strongly recommend that you contact an attorney to assist under a limited representation. In this representation you still file and are responsible for the lawsuit (as a pro se party), but the attorney can help you in understanding the law and procedure.
DISCLAIMER�This answer is for informational purposes only and discusses general legal principles, trends, and considerations and is not intended as specific legal advice regarding your question. This answer does not establish an attorney client relationship.