OT Colorado Mechanics Lien Law

Discussion in 'The Rockies – It's all downhill from here...' started by enduro-ince, Oct 15, 2013.

  1. Greco

    Greco Momma's boys

    Joined:
    Apr 11, 2006
    Oddometer:
    1,048
    Location:
    Colorado Springs
    The only thing going for the OP in this case, is the fact that the homeowner is looking to sell soon. A lien will prevent him for selling without satisfying the lien. In a normal circumstance, small claims court would be the way to go. I have been in front of the local small claims judge 3 times in 22 years. Same guy each time.

    Each time he comes out and preaches about the benefits of settling before a judgment is rendered. He also preaches that a judgment is all he can do. He cannot force the other guy to pay. You can take that judgment to a collection agency and have them try to collect it for you, but the court cannot.

    Then he sends us out in the hallway to hash it out. If that doesn't work, we have access to a mediator on site. If that doesn't work, we go in front of the judge and he does his Judge Judy thing.

    The last time I was there, I had the guy over a barrel. He had no grounds not to pay me. I had a stack of documentation and all my facts lined out, with pictures. In the hall, the homeowner low balled me on a settlement. Neither one of us wanted to try the mediator so we went in front of the judge. When the judge read the facts of the case, he went into preach mode again. He basically told the homeowner that the judgment he was about to render was going right onto his credit report. No matter what, he will always have a judgment on his credit report. It will cost him extra finance fees if he tried to buy anything, if they would finance him at all. Then he said he was going to go "relieve some pressure from 3 cups of coffee" and left us to renegotiate. I wasn't budging.

    I walked out of the court with full payment in hand. The judge filed the case as closed pending transfer of funds. Once the check cleared, I had to call in and let the court know that we were satisfied. On the way out of court that day, I watched the homeowner walk to his car. Silver Mercedes that cost more than my house. Score one for the little guy.
    #41
  2. tenmile

    tenmile Been here awhile

    Joined:
    Apr 29, 2009
    Oddometer:
    104
    Location:
    Denver, CO
    Eric Corff?

    :D:rofl
    #42
  3. MountainsandRivers

    MountainsandRivers loves dirty things!

    Joined:
    Jun 28, 2010
    Oddometer:
    2,863
    Location:
    To Hell U Ride
    that was one of the funniest things I had seen. Those stickers were EVERYWHERE! I don't even know him, but his reputation now precedes him.
    #43
  4. tenmile

    tenmile Been here awhile

    Joined:
    Apr 29, 2009
    Oddometer:
    104
    Location:
    Denver, CO
    :rofl I think the exact same thing, especially when I see those stickers places OTHER then Telluride :D
    #44
  5. Greco

    Greco Momma's boys

    Joined:
    Apr 11, 2006
    Oddometer:
    1,048
    Location:
    Colorado Springs
    Well, how did it turn out?
    #45
  6. enduro-ince

    enduro-ince dirtslave

    Joined:
    Jul 14, 2004
    Oddometer:
    5,184
    Location:
    Placerville Co.
    I've decided to take him to small claims court. I'll tell the whole story someday soon hopefully.
    #46
  7. Greco

    Greco Momma's boys

    Joined:
    Apr 11, 2006
    Oddometer:
    1,048
    Location:
    Colorado Springs
    Good luck man.
    #47
  8. enduro-ince

    enduro-ince dirtslave

    Joined:
    Jul 14, 2004
    Oddometer:
    5,184
    Location:
    Placerville Co.
    :clap:clap:clap:clap:clap:clap


    Yes!!!
    A big win for the workingman!!
    It was stressful, but like I kept telling my wife, "its the principle of the matter".
    #48
  9. AnnieGS

    AnnieGS Namasté, bitches!

    Joined:
    Dec 12, 2003
    Oddometer:
    29,554
    I hear that all the time at home. :lol3

    Good for you, Tom.
    #49
  10. unaweep

    unaweep Uses lotsa band-aids

    Joined:
    Jan 2, 2006
    Oddometer:
    21,832
    Location:
    Western Colorado
    Congratulations brother! I'm so very happy for you guys.:clap
    #50
  11. grub

    grub Requires Supervision

    Joined:
    May 15, 2009
    Oddometer:
    2,215
    Location:
    Waiting for a green light on the red line
    Good for you!!! Have you been paid or did you get a judgement? I can walk you through the process if he still refuses to pay. Congrats again, the hard part is over.
    #51
  12. Blakebird

    Blakebird r-u-n-n-o-f-t

    Joined:
    Feb 7, 2004
    Oddometer:
    16,728
    Location:
    Parker, CO
    :clap

    great news Tom!
    #52
  13. cross-country

    cross-country .

    Joined:
    Aug 2, 2005
    Oddometer:
    1,719
    Location:
    Grand Junction, CO
    The good guy wins!! Congrats Tom!
    #53
  14. MountainsandRivers

    MountainsandRivers loves dirty things!

    Joined:
    Jun 28, 2010
    Oddometer:
    2,863
    Location:
    To Hell U Ride
    good news Tom! Let me know his name sometime so I know who to avoid working for!
    #54
  15. eakins

    eakins Butler Maps

    Joined:
    May 29, 2002
    Oddometer:
    19,507
    Location:
    Fort Collins, Colorado
    good for you Tom!
    way to stick with it.
    #55
  16. enduro-ince

    enduro-ince dirtslave

    Joined:
    Jul 14, 2004
    Oddometer:
    5,184
    Location:
    Placerville Co.
    Thanks everyone. It certainly made my day. Unaweep, thanks again for all the great advice. You helped us keep the stress level down.
    #56
  17. PrairieRider

    PrairieRider Gearing down for Hell

    Joined:
    Jun 14, 2008
    Oddometer:
    3,900
    Location:
    As near Hell as I can get
    Yay!!!

    Sent from my SAMSUNG-SGH-I747 using Tapatalk
    #57
  18. enduro-ince

    enduro-ince dirtslave

    Joined:
    Jul 14, 2004
    Oddometer:
    5,184
    Location:
    Placerville Co.
    I have not been paid. He might not even be aware he lost yet. I'd love to chat with ya about collecting, thanks for the offer! Can you PM your # in case i don't have it anymore?

    Thanks Pat!
    #58
  19. grub

    grub Requires Supervision

    Joined:
    May 15, 2009
    Oddometer:
    2,215
    Location:
    Waiting for a green light on the red line
    Incoming
    #59
  20. JustinP

    JustinP Long timer

    Joined:
    Jun 19, 2011
    Oddometer:
    2,332
    Location:
    Sunny Colorado
    Excellent! Glad you saw it through! :freaky
    #60