What To Do If Your Mechanic’s Lien Is Challenged
Posted October 31, 2025 in Uncategorized
Don’t be surprised if you get pushback after filing a mechanic’s lien. Some people will pay it, understanding how serious the consequences are if they don’t, while others may ignore it, hoping the problem will go away (or who may not have the means to pay it). Others, though, may challenge the lien, which is why it’s so important to have our Colorado mechanic lien lawyer involved in the matter from the start.
Why a Mechanic’s Lien May Be Challenged
The first, and easiest to resolve, reason a lien may be challenged is that it was mistakenly filed or contained a legal error, making it unenforceable. Liens filed past the deadline (in Colorado, it’s four months past the last day you provided materials or services for the paying party) may not be valid.
Other technical reasons a lien may be challenged include:
- The party required to send a preliminary notice before filing the lien failed to do so
- There is no legal property description listed in the lien
- The lien was not served on the correct parties
In most circumstances, the party challenging the lien will send a letter detailing why they are challenging the lien, pointing out the defects or inaccuracies, and making a formal request to cancel the lien. If you refuse to do so, believing that your part is correct, the served party may petition the courts to force the removal of the lien. Their attorney may file a claim stating that the lien is improper, placing the burden on you to prove to a judge that the debt is legitimate and has not been paid.
At this point, there is a chance the matter could go to litigation; if you haven’t consulted with and experienced a Colorado mechanic lien lawyer, it’s important to do so to protect your rights and investment and ensure your responses are correct and filed on time.
Legal Options After a Lien Challenge
A challenge of a lien in court typically does not address the contractual obligations of the debtor party, but rather the legal nature of the lien itself: whether there are procedural or technical errors contained in it. The judge will review whether the proper lien notices were sent, if the lien was filed within the proper deadline, and whether the lien contents were technically correct.
What Do I Do If My Lien Is Challenged?
If your construction lien is challenged, your Colorado mechanic lien lawyer may attempt to negotiate a compromise settlement with the debtor on your behalf. You may not recoup the full amount you’re owed, but if you negotiate out of court, you save court costs and the expense of a trial. Plus, a negotiated settlement is a sure deal; anything can happen in court, and you could walk away with nothing.
Or, after reviewing the lien and determining that there are no procedural or other legal issues with it, let a judge rule on the matter.
If there are defects on the lien, you may have to file a lawsuit to get the payment you’re entitled to. Our Colorado mechanic lien lawyer can advise you of your legal options if the debtor challenges your lien, and take the right legal steps to secure the payment you’re entitled to. At Volpe Law LLC, we take your financial interests seriously and have considerable resources to devote to securing you the payment you’re due. Contact us today for a comprehensive legal assessment.