How do you dispute or remove a lien on property?

Get Legal Help Today

 Secured with SHA-256 Encryption

How do you dispute or remove a lien on property?

I entered a legal agreement to pay 1450 for A company to build a shed. He never
finished the job, didn’t give me a key and now has filed a lien.

Asked on November 11, 2016 under Real Estate Law, Colorado

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

A small claims court can grant a money judgment but can't actually issue an order to remove a lien--small claims courts are constrained in their power. You need to file a legal action in chancery court (a division or part of "regular" county court) seeking a declaratory judgment (court determination) that the lien in invalid and a court order that it be removed; while doing that, you could also sue for monetary compensation for the lack of completion.
Of course, you could sue him for money in small claims, and he could settle by voluntarily agreeing to remove the lien. But if he doesn't agree to do that, small claims can't order it.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption