§ 38-24.5-103 — How lien obtained - lien statement

Colorado § 38-24.5-103

• Jurisdiction: Colorado
• Title 38: Property -
• Art.: Harvesters' Liens

Text

(1) Every person intending
to avail himself or herself of the benefits of this article shall serve on the owner by
certified or registered mail, return receipt requested, or by personal service, within
ten days after completing the harvesting, a notice that, within twenty days, a lien,
as specified in section 38-24.5-102, shall be claimed, and, within said twenty days,
such person shall file in the same locations for farm products and crops as provided
in section 4-9-501, C.R.S., a statement containing a just and true account of the
amount due him or her for such harvesting, after allowing all just credits and
offsets, and containing a correct description of the grain or other crops to be
charged with such lien, the price agreed upon for such harvesting, the name of the
person, firm, or corporation for whom such harvesting was performed, a legal
description of the lands upon which said grain or other crops were raised, a
description of the legal subdivision of land upon which said grain or other crops are
stored and, if said grain or other crops are stored in a storage facility, the locality of
the storage facility, which statement of facts shall be verified by affidavit of the
person claiming such lien or his or her duly authorized agent or attorney having
knowledge of the facts, and a copy of the notice of intent to file a lien and an
affidavit of service or mailing thereof. Any immaterial error or mistake in the
account or description of the grain or other crops or of the property upon which it
was raised shall not invalidate such lien.

(2) If the grain or other crops so harvested will be hauled directly to the
storage facility or to a purchaser, the person claiming the lien pursuant to
subsection (1) of this section shall also serve written notice upon the owner of such
storage facility or other private purchaser of his intent to claim and file a lien upon
said grain or other crops for harvesting pursuant to section 38-24.5-102 within the
time frames set forth in this section.

Legislative History

Source: L. 89: Entire article added, p. 1443, � 1, effective July 1. L. 2001: (1) amended, p. 1447, � 44, effective July 1.