Colorado § 38-22-111 Joinder of parties - consolidation of actions

Colorado Statutes

§ 38-22-111 — Joinder of parties - consolidation of actions

Colorado·Title 38 Property -·Art. General Mechanics' Lien

(1)Any number of persons claiming liens against the same property and not contesting the claims of each other may join as plaintiffs in the same action, and when separate actions are commenced, the court may consolidate them upon motion of any party in interest or upon its own motion.

(2)Upon such procedure for consolidation, one case shall be selected with which the other cases shall be incorporated, and all the parties to such other cases shall be made parties plaintiff or defendant as the court may designate in said case so selected. All persons having claims for liens, the statements of which have been filed as provided in this article, shall be made parties to the action.

(3)Those claiming liens who fail or refuse to become parties plaintiff, or for any reason have not b

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(1) Any number of
persons claiming liens against the same property and not contesting the claims of
each other may join as plaintiffs in the same action, and when separate actions are
commenced, the court may consolidate them upon motion of any party in interest or
upon its own motion.

(2) Upon such procedure for consolidation, one case shall be selected with
which the other cases shall be incorporated, and all the parties to such other cases
shall be made parties plaintiff or defendant as the court may designate in said case
so selected. All persons having claims for liens, the statements of which have been
filed as provided in this article, shall be made parties to the action.

(3) Those claiming liens who fail or refuse to become parties plaintiff, or for
any reason have not been made such parties, shall be made parties defendant. Any
party claiming a lien, not made a party to such action, at any time within the period
provided in section 38-22-109, may be allowed to intervene by motion, upon cause
shown, and may be made a party defendant on the order of the court, which shall fix
by such order the time for such intervenor to plead or otherwise proceed. The
pleadings and other proceedings of such intervenor thus made a party shall be the
same as though he had been an original party. Any defendant who claims a lien, in
answering, shall set forth by cross complaint his claim and lien. Likewise such
defendant may set forth in said answer defensive matter to any claim or lien of any
plaintiff or codefendant or otherwise deny such claim or lien. The owner of the
property to which such lien has attached, and all other parties claiming of record
any right, title, interest, or equity therein, whose title or interests are to be charged
with or affected by such lien, shall be made parties to the action.

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