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Colorado Statutes, Title 38

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Title 38, Property - Real and Personal

0 chapters · 1,193 sections in this title.

All chapters in Title 381,193 Ch 12114 Ch 36110 Ch 13106 Ch 33.382 Ch 3074 Ch 2953 Ch 3844 Ch 639 Ch 2235 Ch 3534 Ch 4134 Ch 126 Ch 2026 Ch 1025

1,193 sections·Filtered byTitle 38✕

Colo. Rev. Stat. § 38-23-106 Lien duration - action prolongs
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No lien claimant by virtue of this article shall hold the property longer than six months after filing the statement described in section 38-23-104 unless an action is commenced within that time to enforce the same. Source: L. 1893: p. 313, § 6. R.S. 08: § 4056. C.L. § 6473. CSA:…
Colo. Rev. Stat. § 38-23-107 Judgment - execution
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Actions to enforce liens claimed by virtue of this article shall be commenced and prosecuted in accordance with the procedure in other civil actions in the state of Colorado. Each party who establishes his claim under this article shall have a judgment against the party personall…
Colo. Rev. Stat. § 38-23-108 Sale - right of redemption
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The court shall cause such ditch interest to be sold in satisfaction of said lien and costs, as in the case of foreclosure of mortgages and in the manner and form provided for sales on executions issued out of courts of record, and the owner and creditors shall have a right to re…
Colo. Rev. Stat. § 38-23-109 Costs
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The plaintiff if successful shall also recover all other costs and expenses incurred in claiming and enforcing his lien. Source: L. 1893: p. 314, § 9. R.S. 08: § 4059. C.L. § 6476. CSA: C. 101, § 49. CRS 53: § 86-4-9. C.R.S. 1963: § 86-4-9.

Colo. Rev. Stat. § 38-23-110 Releasing lien - penalty for delay

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The claimant of any such lien, the statement of which has been recorded, on the payment of the amount claimed together with costs of making and recording such statement and costs of satisfaction, at the request of any person interested in the ditch interest charged therewith, sha…

Colo. Rev. Stat. § 38-24-101 Property subject to lien

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Every person, firm, or corporation, whether as contractor, subcontractor, materialman, or laborer, who performs labor upon or furnishes machinery, material, fuel, explosives, power, or supplies for sinking, repairing, altering, or operating any gas well, oil well, or other well o…

Colo. Rev. Stat. § 38-24-102 Other property subject to lien

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Every person, firm, or corporation who performs labor or furnishes machinery, material, fuel, explosives, or supplies to a contractor or subcontractor shall have a lien upon the properties and premises mentioned in section 38-24-101 to the same extent and in the same manner as th…

Colo. Rev. Stat. § 38-24-103 Security interest invalid - when

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No chattel mortgage or security interest shall be valid as against any person, firm, or corporation entitled to a lien under the provisions of this article; but no mortgage, lien, or other encumbrance existing and recorded as provided by law at the time of the inception of the li…

Colo. Rev. Stat. § 38-24-104 Lien statement - when filed

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(1) Every person wishing to avail himself of the benefits of this article must file with the county clerk and recorder of the county in which the property or premises mentioned in this article are situated, and within six months after the machinery, materials, fuel, explosives, o…

Colo. Rev. Stat. § 38-24-105 Action commenced within six months

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Every person, firm, or corporation filing a statement as provided in section 38-24-104 and claiming a lien under this article shall commence suit thereon in the district court of the county in which the statement is filed not later than six months after the date of such filing, a…

Colo. Rev. Stat. § 38-24-106 Perfecting of lien on removed property - when

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Whenever any person removes any property subject to a lien under this article out of the county in which the statement has been filed, the lien claimant may file, within thirty days after receiving notice of such removal, with the county clerk and recorder of the county to which …

Colo. Rev. Stat. § 38-24-107 Lienholder's consent in removal or sale

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When the lien provided in this article attaches to the property covered thereby in the manner indicated in this article, no one shall sell or remove the property subject to said lien, or cause the same to be removed from such lands or premises, or otherwise sell or dispose of the…

Colo. Rev. Stat. § 38-24-108 Penalty for removing property

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Any person who removes or causes to be removed any property covered by the lien provided for in this article from the place where such property was located when such lien was filed, without the written consent of the lien claimant, is guilty of theft of such property and, upon co…

Colo. Rev. Stat. § 38-24-109 Assignment of lien

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Any person, firm, or corporation entitled to a lien under this article may assign his claim before or after filing the lien statement provided for in section 38-24-104, and in such event the assignee shall be clothed with all the rights inherent by virtue of this article in the a…

Colo. Rev. Stat. § 38-24-110 Provisions of article cumulative

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The provisions of this article are cumulative and in addition to all lien rights and remedies already provided by the laws of this state. Source: L. 29: p. 439, § 10. CSA: C. 101, § 60. CRS 53: § 86-5-10. C.R.S. 1963: § 86-5-10.

Colo. Rev. Stat. § 38-24-111 Liability against owner of land

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Nothing in this article shall fix a liability against the owner of the land, except when such owner is a party to the contract with the lien claimant. Source: L. 29: p. 439, § 11. CSA: C. 101, § 61. CRS 53: § 86-5-11. C.R.S. 1963: § 86-5-11. ANNOTATION Law reviews. For article, "…

Colo. Rev. Stat. § 38-25-101 Short title

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This article shall be known and may be cited as the "Uniform Federal Lien Registration Act". Source: L. 69: R&RE, p. 694, § 1. C.R.S. 1963: § 86-6-1. L. 88: Entire section amended, p. 1255, § 1, effective July 1.

Colo. Rev. Stat. § 38-25-101.5 Scope

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This article applies only to federal tax liens and to other federal liens notices of which under any act of congress or any regulation adopted pursuant thereto are required or permitted to be filed in the same manner as notices of federal tax liens. Source: L. 88: Entire section …

Colo. Rev. Stat. § 38-25-102 Federal liens - places of filing

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(1) (a) Notices of liens, certificates, and other notices affecting federal tax liens or other federal liens must be filed in accordance with this article. (b) Notices of liens upon real property for obligations payable to the United States and certificates and notices affecting …

Colo. Rev. Stat. § 38-25-103 Execution of notices and certificates

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Certification of notices of liens, certificates, or other notices affecting federal liens by the secretary of the treasury of the United States or his delegate, or by any official or entity of the United States responsible for the filing or certifying of notice of any other lien,…

Colo. Rev. Stat. § 38-25-104 Duties of filing officer

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(1) If a notice of federal lien, a refiling of a notice of federal lien, or a notice of revocation of any certificate described in subsection (2) of this section is presented to a filing officer who is: (a) The secretary of state, then the secretary of state shall cause the notic…

Colo. Rev. Stat. § 38-25-105 Fees

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(1) (a) A fee shall be charged for filing or recording and indexing each notice of lien or certificate or notice affecting the lien: (I) For a lien on real estate; (II) For a lien on tangible and intangible personal property; (III) For a certificate of discharge or subordination;…

Colo. Rev. Stat. § 38-25-106 Lien not valid until notice filed

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Prior to the time of the filing of a notice of lien in the office of the secretary of state or the county clerk and recorder, as the case may be, the lien shall not be valid as against any mortgagee, purchaser, or judgment creditor. Source: L. 69: R&RE, p. 695, § 1. C.R.S. 1963: …

Colo. Rev. Stat. § 38-25-107 Uniformity of interpretation

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This article shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this article among states enacting it. Source: L. 69: R&RE, p. 695, § 1. C.R.S. 1963: § 86-6-7. L. 88: Entire section amended, p. 1258, § 7, effect…

Colo. Rev. Stat. § 38-26-101 Contractor defined

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The word "contractor", as used in sections 38-26-101, 38-26-106, and 38-26-107, means any person, copartnership, association of persons, company, or corporation to whom is awarded any contract for the construction, erection, repair, maintenance, or improvement of any building, ro…

Colo. Rev. Stat. § 38-26-102 Railroad and irrigation contractor's bond - action - limitation

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(1) Whenever any railroad, reservoir, or irrigating canal company contracts with any person or corporation for the construction of its railroad, reservoir, or irrigating canal, or any part thereof, such company shall take from the person or corporation with whom such contract is …

Colo. Rev. Stat. § 38-26-103 Verified account to company - withhold payments

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Every laborer, mechanic, ranchman, farmer, merchant, or other person performing any work or labor or furnishing any laborers, materials, ranch or farm products, provisions, goods, or supplies to any contractor or subcontractor in the construction of any railroad, reservoir, or ir…

Colo. Rev. Stat. § 38-26-104 Contractor furnished copy - undisputed accounts - condition

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Whenever any verified account mentioned in section 38-26-103 is placed in the hands of any railroad, reservoir, or irrigating canal company, or its agent, it is the duty of such company to furnish the contractor with a copy of such verified account so that if there is any disagre…

Colo. Rev. Stat. § 38-26-105 Public works contractor's bond - conditions - applicability - definitions

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(1) Subject to subsection (2) of this section, any person, company, firm, or corporation entering into a contract for more than fifty thousand dollars with any county, municipality, or school district for the construction of any public building or the prosecution or completion of…

Colo. Rev. Stat. § 38-26-106 Contractor executes bond - applicability

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(1) Before entering upon the performance of any work included in the contract, a contractor shall duly execute, deliver to, and file with the board, officer, body, or person by whom the contract was awarded a good and sufficient bond or other acceptable surety approved by the con…

Colo. Rev. Stat. § 38-26-107 Supplier may file statement - notice - withholding funds

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(1) Any person, as defined in section 2-4-401 (8), that has furnished labor, materials, equipment, services, sustenance, or other supplies used or consumed by a contractor or their subcontractor in or about the performance of the work contracted to be done or that supplies labore…

Colo. Rev. Stat. § 38-26-108 Substitution of bond allowed

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(1) Whenever a verified statement of a claim has been filed in accordance with section 38-26-107, the contractor holding the contract against which such statement has been filed, or other person who has an interest in the payments being withheld, by the contracting body that awar…

Colo. Rev. Stat. § 38-26-109 Moneys for verified claims made - trust funds - disbursements - penalty

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(1) All funds disbursed to any contractor or subcontractor under any contract or project subject to the provisions of this article shall be held in trust for the payment of any person that has furnished labor, materials, sustenance, or other supplies used or consumed by the contr…

Colo. Rev. Stat. § 38-26-110 Excessive amounts claimed

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(1) Any person who files a verified statement of a claim or asserts a claim against a principal or surety that has furnished a bond under this article 26 for an amount greater than the amount due without a reasonable possibility that the amount claimed is due and with the knowled…

Colo. Rev. Stat. § 38-27-101 Lien for hospital care - definition

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(1) Before a lien is created, every hospital duly licensed by the department of public health and environment, pursuant to part 1 of article 3 of title 25, C.R.S., which furnishes services to any person injured as the result of the negligence or other wrongful acts of another per…

Colo. Rev. Stat. § 38-27-102 Notice of lien

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Such lien shall take effect if, prior to any such judgment, settlement, or compromise, a written notice of lien containing the name and address of the injured person, the date of the accident, the name and location of the hospital, and the name of the person alleged to be liable …

Colo. Rev. Stat. § 38-27-103 Enforcement of lien and limitation of action

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Any person, private or corporate, who pays over any money to any such injured person, his attorney, heirs, assigns, or legal representatives against whom there is a lien as provided in this article of which he has received notice as provided in this article is liable to the hospi…

Colo. Rev. Stat. § 38-27-104 Hospital to furnish itemized statement

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Upon receipt of a written request mailed by certified mail, return receipt requested, from any person notified of such lien in accordance with the provisions of section 38-27-102, such hospital shall, within ten days after receipt of such request, furnish such person with an item…

Colo. Rev. Stat. § 38-27-105 Assignment of lien

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Any party claiming a lien under the provisions of this article may assign, in writing, his claim and lien to any other party, who shall thereafter have all the rights and remedies of the assignor. Source: L. 67: p. 881, § 1. C.R.S. 1963: § 86-8-5.

Colo. Rev. Stat. § 38-27-106 Applicability

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This article shall apply only to liens for hospital services and care rendered on or after June 12, 1967. Source: L. 67: p. 881, § 2. C.R.S. 1963: § 86-8-6.

Colo. Rev. Stat. § 38-28-101 Action - who may maintain

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Actions for the division and partition of real or personal property or interest therein may be maintained by any person having an interest in such property. Source: L. 49: p. 544, § 1. CSA: C. 122, § 24. CRS 53: § 103-1-1. C.R.S. 1963: § 103-1-1. ANNOTATION Law reviews. For artic…

Colo. Rev. Stat. § 38-28-102 Parties

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All persons having any interest, direct, beneficial, contingent, or otherwise, in such property shall be made parties. Source: L. 49: p. 544, § 2. CSA: C. 122, § 25. CRS 53: § 103-1-2. C.R.S. 1963: § 103-1-2. ANNOTATION Law reviews. For article, "Joint Tenancy in Colorado", see 2…

Colo. Rev. Stat. § 38-28-103 Complete adjudication

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The court shall make a complete adjudication of the rights of all parties to such property. Source: L. 49: p. 544, § 3. CSA: C. 122, § 26. CRS 53: § 103-1-3. C.R.S. 1963: § 103-1-3. ANNOTATION Agreement not to partition implied. If it appears the tenants in common of a tract of l…

Colo. Rev. Stat. § 38-28-104 Process, practice, procedure

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The process, practice, and procedure shall be in compliance with the Colorado rules of civil procedure then in effect. Source: L. 49: p. 544, § 4. CSA: C. 122, § 27. CRS 53: § 103-1-4. C.R.S. 1963: § 103-1-4. ANNOTATION Law reviews. For article, "Partition: A Little-Known Remedy"…

Colo. Rev. Stat. § 38-28-105 Commissioners - oath - partition - objections

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Upon the entry of any order for partition, the court shall appoint one or more disinterested commissioners who shall take oath to fairly and impartially make partition of the property in accordance with the decree of court. Such commissioners shall view the property and make part…

Colo. Rev. Stat. § 38-28-106 Commissioners may divide land

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The commissioners appointed by the court, with the approval of the court, may divide any lands involved in such action into lots or parcels, streets, and alleys and file a map or plat thereof in compliance with law and applicable ordinances. Source: L. 49: p. 544, § 6. CSA: C. 12…

Colo. Rev. Stat. § 38-28-107 Sale of property - notice

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If the commissioners report and the court finds that partition of the property cannot be made without manifest prejudice to the rights of any interested party, the court may direct the sale of such property at public sale upon such terms as the court may fix. Notice of such sale …

Colo. Rev. Stat. § 38-28-108 Report - confirmation - distribution

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The person making such sale shall make report thereof to the court for confirmation, and upon confirmation, the court shall direct the execution of a proper instrument of conveyance to the purchaser. The court shall direct the distribution of the net proceeds of such sale and any…

Colo. Rev. Stat. § 38-28-109 Compensation of commissioners - fees and costs

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The court shall fix the compensation of the commissioners and the person making the sale and may order the payment thereof, with costs, expenses, and attorney's fees, out of the proceeds of such sale or make any other order which it deems best for the payment of such compensation…

Colo. Rev. Stat. § 38-28-110 Powers of court

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The court at any time may make such orders as it may deem necessary to promote the ends of justice to completely adjudicate every question and controversy concerning the title, rights, and interest of all persons whether in being or not, known or unknown, and may direct the payme…