How do you dispute or remove a lien on property?
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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 7 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.
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