Colorado § 38-20-108 Foreclosure action - procedure

Colorado Statutes

§ 38-20-108 — Foreclosure action - procedure

Colorado·Title 38 Property -·Art. Lien on Personal Property

(1)In any foreclosure action, the lienholder or the lienholder's attorney, by complaint, shall show to the court the following:

(a)That the lienholder did perform a specified service for the defendant which entitles such lienholder to a lien on personal property owned by the defendant pursuant to the provisions of section 38-20-102, 38-20-105, 38-20-106, or 38-20-106.2;

(b)That said service was performed at the request of the defendant or his agent;

(c)A particular description of the property upon which the lien is claimed and a statement of its actual value;

(d)That the defendant has failed to pay charges within thirty days after the same became due and payable;

(e)That notice of demand for charges has been given to the owner personally or by registered mail at the own

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(1) In any foreclosure action,
the lienholder or the lienholder's attorney, by complaint, shall show to the court the
following:

(a) That the lienholder did perform a specified service for the defendant
which entitles such lienholder to a lien on personal property owned by the
defendant pursuant to the provisions of section 38-20-102, 38-20-105, 38-20-106,
or 38-20-106.2;

(b) That said service was performed at the request of the defendant or his
agent;

(c) A particular description of the property upon which the lien is claimed
and a statement of its actual value;

(d) That the defendant has failed to pay charges within thirty days after the
same became due and payable;

(e) That notice of demand for charges has been given to the owner
personally or by registered mail at the owner's last-known address;

(f) An itemized description of the charges for labor performed and parts
replaced if a lien is claimed under section 38-20-106;

(g) An itemized description of the charges for any work performed and
materials furnished, including interest at the rate specified in section 38-22-101 (5),
unless otherwise agreed, and for all costs incurred in enforcing such lien, including
attorney fees if specified by contract if a lien is claimed under section 38-20-106.2.

(2) Upon filing the complaint, the clerk of the court shall issue a summons as
in other cases; except that it shall command the defendant to appear before the
court at a place named in such summons and at a time and on a day which shall be
not less than three nor more than five days from the day of issuing the same to
answer the complaint of plaintiff. The summons shall also contain a statement
addressed to the defendant stating: If you fail to file with the court, at or before
the time for appearance specified in the summons, an answer to the complaint,
denying or admitting all of the material allegations of the complaint, judgment by
default may be taken against you for the lien charges described in the complaint,
for costs as provided in this article, and for any other relief to which the plaintiff is
entitled.

(3) If either party requests a delay in trial longer than five days, the court, in
its discretion, upon good cause shown, may require either of the parties to give
bond in an amount to be fixed by the court for the payment to the opposing party of
such amount as he may be entitled to due to the delay. The bond shall be secured
by two or more sureties, by one corporate surety authorized to do business in this
state, or by cash bond, to be approved by the court.

Colorado § 38-20-108 (Foreclosure action - procedure) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

Source: L. 1883: p. 238, � 5. G.S. � 2122. R.S. 08: � 4017. C.L. � 6434. CSA: C. 101, � 7. CRS 53: � 86-1-7. C.R.S. 1963: � 86-1-7. L. 64: p. 289, � 223. L. 75: Entire section R&RE, p. 1417, � 2, effective April 24. L. 77: (2) R&RE, p. 1710, � 4, effective May 18. L. 98: IP(1) and (1)(a) amended and (1)(g) added, p. 365, � 4, effective September 30.