Colorado Waiver of Lien by Automobile or Car Mechanic

State:
Multi-State
Control #:
US-01793BG
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Word; 
Rich Text
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Description

When a tradesman provides materials and services, the law provides him with a lien upon the item that was improved by his skill, materials, and labor. These liens come in two different varieties, the mechanic's lien and the repairman's lien.


A repairman's lien applies only to personal property and is created by long-standing common (judge-made) law. It most commonly arises with motor vehicles, but it applies to all items of personal property. The lien is created automatically when anyone makes repairs to personal property. It exists only as long as the item repaired is in the repairman's possession and the debt is unpaid. The repairman may hold the property until such time as the lien is repaid. This lien even takes priority over the lien held by a bank that financed the item, so that the bank cannot repossess the item from the repairman without first paying the repair bill. This makes sense because it is only fair that the bank pay for the repairs that improved the value of the property is it repossessing.

How to fill out Waiver Of Lien By Automobile Or Car Mechanic?

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FAQ

Mechanic's Lien Priority In the event of foreclosure or a sale of the property, Colorado law provides that mechanic's liens hold priority over other encumbrances recorded after the commencement of the work. However, they may be secondary to other encumbrances such as prior recorded mortgages.

The Colorado Mechanics Lien Release Form is used to cancel a lien that has already been filed. It's most often used to release a lien claim after a lien claimant receives payment. However, they may also be released based on settlements, legal controversies, because they expired, or more.

Colorado does not provide or require statutory forms for lien waivers.

In Colorado, a mechanics lien expires within 6 months of the date the project was completed, or labor or materials were last furnished to the project; whichever is later. The lien claimant must file an action to enforce their lien claim before the deadline or the claim expires and is no longer enforceable.

When a person or entity files a spurious lien, Colorado law provides for an expedited process whereby a property owner can dispose of this lien. Under this law, a property owner can file a petition in Court, and the Court will issue an order to the person or entity that filed the lien to explain why the lien is valid.

A mechanic's lien is a lien granted by Colorado statute to any person who supplies labor, materials, equipment, machinery, or services which enhance the value of your property. The mechanic's lien law favors the contractor over the owner.

Timely File Your Lien: Your mechanics lien in Colorado must be filed within 4 months, or 120 days, of the last date you provided labor and materials for the project.

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Colorado Waiver of Lien by Automobile or Car Mechanic