Colorado § 38-20-108 - Foreclosure action - procedure.

§ 38-20-108. Foreclosure action - procedure.

(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.

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.

ANNOTATION

Law reviews. For article, "The Rights of Landlords in Tenants' Personal Property", see 57 Den. L. J. 685 (1980). For article, "The Colorado Agistor's Lien Statute: Scope, Enforcement and Due Process", see 16 Colo. Law. 989 (1987).