reglab/statecodes huggingface dataset:
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › LIENS (§§ 38-20-101 — 38-27.5-108) › Article 20 - LIEN ON PERSONAL PROPERTY (§§ 38-20-101 — 38-20-210) › Part 1 - LIEN ON PERSONAL PROPERTY (§§ 38-20-101 — 38-20-116) › Section 38-20-105 - Lien of common carrier

(1)
Except as provided in subsection (2) of this section, every common carrier of goods or passengers who, at the request of the owner of any personal goods, carries, conveys, or transports the same from one place to another and every other person who safely keeps or stores any personal property at the request of the owner or person lawfully in possession of the personal property has a lien upon the personal property for reasonable charges for the transportation, storage, or keeping of the personal property and for all reasonable and proper advances made by the common carrier or warehouse, in accordance with the usage and custom of common carriers and warehouses.
(2)
In accordance with section
40-10.1-405 (5)(a)
, this section does not grant a towing carrier a lien on the contents of a vehicle if the vehicle was towed nonconsensually, as defined in section
40-10.1-101 (13)
.
Amended by 2022 Ch. 416, § 13, eff. 8/10/2022.
L. 1883: p. 237, § 2. G.S. § 2119. R.S. 08: § 4014. C.L. § 6431. CSA: C. 101, § 4. CRS 53: § 86-1-4. C.R.S. 1963: § 86-1-4. L. 76: Entire section amended, p. 314, § 68, effective May 20.
Cross references:
For liens of warehousemen and enforcement thereof, see §§
4-7-209
and
4-7-210
; for lien of a carrier on goods covered by a bill of lading and enforcement thereof, see §§
4-7-307
and
4-7-308
.
2022 Ch. 416, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
For liens of warehousemen and enforcement thereof, see §§ 4-7-209 and 4-7-210 ; for lien of a carrier on goods covered by a bill of lading and enforcement thereof, see §§ 4-7-307 and 4-7-308 .
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › LIENS (§§ 38-20-101 — 38-27.5-108) › Article 20 - LIEN ON PERSONAL PROPERTY (§§ 38-20-101 — 38-20-210) › Part 1 - LIEN ON PERSONAL PROPERTY (§§ 38-20-101 — 38-20-116) › Section 38-20-106 - Lien for labor

Any mechanic or other person who makes, alters, repairs, or bestows labor upon any article of personal property, at the request of the owner of such personal property or his agent shall have a lien upon such property for the amount due for such labor done or material furnished and for all costs incurred in enforcing such lien.
L. 1883: p. 237, § 3. G.S. § 2120. L. 1889: p. 233, § 2. R.S. 08: § 4015. C.L. § 6432. CSA: C. 101, § 5. CRS 53: § 86-1-5. C.R.S. 1963: § 86-1-5.
For mechanic's liens on land and fixtures, see article 22 of this title.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › LIENS (§§ 38-20-101 — 38-27.5-108) › Article 20 - LIEN ON PERSONAL PROPERTY (§§ 38-20-101 — 38-20-210) › Part 1 - LIEN ON PERSONAL PROPERTY (§§ 38-20-101 — 38-20-116) › Section 38-20-106.2 - Molders' liens - creation - notice

(1)
A molders' lien shall attach to all of a customer's molds in a molder's possession for which a balance is due from such customer for any manufacturing or fabrication work performed and materials furnished. A molders' lien shall be for the amount due for any such work performed or 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. The amount of such lien shall be determined by the value of any such manufacturing or fabrication work performed and material furnished unless the cost of such work and materials is otherwise specified by contract. A molder may retain possession of a mold until all charges are paid for such lien, unless a claim is made to such mold by the holder of a prior lien or by the holder of a lien of public record.
(2)
A molders' lien created pursuant to this section shall be considered a security interest for the purposes of section
18-5-206
, C.R.S.
(3)
No lien created by this section shall have priority over a lien of public record, including a lien filed pursuant to title 4, C.R.S., regardless of when the financing statement or notice of lien was filed or recorded.
L. 98: Entire section added, p. 364, § 2, effective September 30.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › LIENS (§§ 38-20-101 — 38-27.5-108) › Article 20 - LIEN ON PERSONAL PROPERTY (§§ 38-20-101 — 38-20-210) › Part 1 - LIEN ON PERSONAL PROPERTY (§§ 38-20-101 — 38-20-116) › Section 38-20-106.5 - Motor vehicle repair garages - restoration of liens

(1)
A motor vehicle repair garage which is entitled to a lien under section
38-20-106
for motor vehicle repairs and which has released the motor vehicle upon receipt of payment for such repairs in the form of a check, draft, or order for the payment of money upon any bank, depository, person, firm, or corporation shall be entitled to the restoration of the lien if the check, draft, or order is not honored for full payment or is dishonored upon its presentment and if the maker, issuer, or drawer fails, within twelve days after receiving notice from the motor vehicle repair garage of nonpayment or dishonor, to pay the check, draft, or order. In the event such motor vehicle repair garage has released the motor vehicle upon an open account, the motor vehicle repair garage shall be entitled to restoration of the lien if the total amount as agreed upon by the parties is not paid when due as agreed upon by the parties and if the debtor fails, within twelve days after receiving notice from the motor vehicle repair garage of nonpayment, to pay the amount due. Restoration of such lien shall entitle the motor vehicle repair garage to regain possession of the motor vehicle. In regaining possession, the motor vehicle repair garage may proceed without judicial process if this can be done without breach of the peace or may proceed by action.
(2)
"Notice", as used in subsection (1) of this section, means notice given to the person entitled thereto, either in person or in writing. Such notice in writing shall be conclusively presumed to have been given when deposited by registered or certified mail, return receipt requested and postage prepaid, in the United States mail and addressed to such person at his address as it appears on the invoice or such check, draft, or order or, in the case of an open account, as it appears on the account records of the motor vehicle repair garage. Any notice regarding an open account may only be given subsequent to nonpayment.
L. 77: Entire section added, p. 1924, § 2, effective 1/1/1978. L. 81: Entire section amended, p. 1820, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › LIENS (§§ 38-20-101 — 38-27.5-108) › Article 20 - LIEN ON PERSONAL PROPERTY (§§ 38-20-101 — 38-20-210) › Part 1 - LIEN ON PERSONAL PROPERTY (§§ 38-20-101 — 38-20-116) › Section 38-20-107 - Commencement of foreclosure action

(1)
If any such charges for which a lien is given by section
38-20-102
,
38-20-105
,
38-20-106
, or
38-20-106.2
or for which a lien is restored by section
38-20-106.5
are not paid within thirty days after the same become due and payable, the mechanic, innkeeper, or other person to whom such lien is given may file a foreclosure action in the county or district court of the county or city and county in which the contract or agreement between the lienholder and the owner of the property was signed or entered into, in which the owner resided at the time the contract or agreement was entered into, in which the owner resides at the time the foreclosure action is commenced or in which the work was performed, or, in the case of a lien created pursuant to section
38-20-106.2
, in which any work was performed or materials were furnished. In the event that the lienholder does not foreclose the lien by commencing a judicial action within sixty days and if, under section
38-20-106
, within ninety days after charges become due and payable, the lien shall terminate. However, such period of limitation may be extended by agreement between the parties for an additional period not to exceed thirty days. For the purposes of this subsection (1), if the contract between the owner and the lienholder provides for installment or continuing payments, installments or continuing payments shall be deemed to be due after default of any installment or payment or at the time the final installment or payment is due and payable at the option of the lienholder.
(2)
If the lienholder sells or otherwise disposes of the property of the owner without substantially complying with this article, the owner is entitled to recover from the lienholder the value of the property, but in no event less than one hundred dollars, and reasonable attorney fees.
(3)
Nothing in this article shall require a lienholder to commence a judicial action to foreclose his lien if the property held is abandoned as defined in section
38-20-116
.
L. 1883: p. 238, § 4. G.S. § 2121. R.S. 08: § 4016. C.L. § 6433. CSA: C. 101, § 6. CRS 53: § 86-1-6. C.R.S. 1963: § 86-1-6. L. 64: p. 289, § 222. L. 75: Entire section amended, p. 1416, § 1, effective April 24. L. 77: (1) amended, p. 1710, § 3, effective May 18. L. 81: (1) amended, p. 1821, § 2, effective July 1. L. 87: (1) amended, p. 1583, § 44, effective July 10. L. 98: (1) amended, p. 364, § 3, effective September 30. L. 2005: (1) amended, p. 638, § 4, effective May 27.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › LIENS (§§ 38-20-101 — 38-27.5-108) › Article 20 - LIEN ON PERSONAL PROPERTY (§§ 38-20-101 — 38-20-210) › Part 1 - LIEN ON PERSONAL PROPERTY (§§ 38-20-101 — 38-20-116) › Section 38-20-109 - Lienor may sell - procedure

(1)
When the lienor has received a judgment and after giving ten days' prior notice of the time and place of such sale, with a description of the property to be sold, by one publication in some newspaper published in the county wherein he or she resides or, if there is no such newspaper, by posting in three public places within such county and after delivering to the owner of such personal property or, if he or she does not reside in the county, transmitting by mail to him or her at his or her usual place of abode, if known, a copy of such notice, he or she may proceed to sell all such personal property, or so much thereof as may be necessary, at public auction, for cash in hand, at any public place within such county between the hours of 10 a.m. and 4 p.m. of the day appointed. From the proceeds thereof he or she may pay the reasonable costs of such foreclosure, notice, and sale and any necessary and reasonable charges for the preserving, maintaining, feeding, boarding, or caring for the property on which he or she has a lien, together with the reasonable cost of keeping such property up to the time of sale, but the reasonable costs of keeping such property up to the time of sale shall not exceed ninety dollars. He or she shall render the residue of the proceeds and of the property unsold to the owner.
(2)
Where property upon which the lien is being foreclosed is in danger of serious and immediate decay or waste or is likely to depreciate rapidly in value pending the determination of the issue or where the keeping of it will be attended with great expense, the lienholder, as plaintiff to the action, may apply to the court, upon due notice as the court may direct, for a sale thereof; and, thereupon, the court in its discretion may order the property sold in the manner provided for in said order, and the proceeds of said sale shall be deposited with the clerk of the court to abide the further order of the court. Upon application for such order for sale, the court in its discretion, upon good cause shown, may require the plaintiff to give bond in an amount to be fixed by the court for the payment to the defendant of such amount as the defendant may be entitled to for damages sustained by the defendant in the event of wrongful foreclosure. 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.
L. 1883: p. 238, § 6. G.S. § 2123. R.S. 08: § 4018. C.L. § 6435. CSA: C. 101, § 8. CRS 53: § 86-1-8. C.R.S. 1963: § 86-1-8. L. 75: Entire section amended, p. 1417, § 3, effective April 24. L. 77: Entire section amended, p. 1710, § 5, effective May 18. L. 2005: (1) amended, p. 638, § 5, effective May 27.
For publication of legal notices, see part 1 of article 70 of title 24.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › LIENS (§§ 38-20-101 — 38-27.5-108) › Article 20 - LIEN ON PERSONAL PROPERTY (§§ 38-20-101 — 38-20-210) › Part 1 - LIEN ON PERSONAL PROPERTY (§§ 38-20-101 — 38-20-116) › Section 38-20-110 - [Repealed]

L. 1883: p. 239, § 7. G.S.: § 2124. R.S. 08: § 4019. C.L. § 6436. CSA: C. 101, § 9. CRS 53: § 86-1-9. C.R.S. 1963: § 86-1-9. L. 75: Entire section repealed, p. 1419, § 9, effective April 24.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › LIENS (§§ 38-20-101 — 38-27.5-108) › Article 20 - LIEN ON PERSONAL PROPERTY (§§ 38-20-101 — 38-20-210) › Part 1 - LIEN ON PERSONAL PROPERTY (§§ 38-20-101 — 38-20-116) › Section 38-20-111 - Lienor may purchase

At such sale the person to whom such lien is given may become the purchaser.
L. 1883: p. 239, § 8. G.S. § 2125. R.S. 08: § 4020. C.L. § 6437. CSA: C. 101, § 10. CRS 53: § 86-1-10. C.R.S. 1963: § 86-1-10.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › LIENS (§§ 38-20-101 — 38-27.5-108) › Article 20 - LIEN ON PERSONAL PROPERTY (§§ 38-20-101 — 38-20-210) › Part 1 - LIEN ON PERSONAL PROPERTY (§§ 38-20-101 — 38-20-116) › Section 38-20-112 - Sale continued - when - record

In any case where the property to be sold cannot conveniently be sold in one day, the sale may be continued from day to day at the place of sale. Upon the completion of such sale, the person to whom the lien is given shall cause a bill of sale thereof to be filed with the court in which judgment was taken, in which shall be set down the sum for which each separate article of property was sold and the name of the purchaser. The court shall record such bill of sale in its docket and preserve the original thereof.
L. 1883: p. 239, § 9. G.S. § 2126. R.S. 08: § 4021. C.L. § 6438. CSA: C. 101, § 11. CRS 53: § 86-1-11. C.R.S. 1963: § 86-1-11. L. 64: p. 289, § 224. L. 75: Entire section amended, p. 1418, § 4, effective April 24.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › LIENS (§§ 38-20-101 — 38-27.5-108) › Article 20 - LIEN ON PERSONAL PROPERTY (§§ 38-20-101 — 38-20-210) › Part 1 - LIEN ON PERSONAL PROPERTY (§§ 38-20-101 — 38-20-116) › Section 38-20-113 - Lien no bar to suit for charges

Nothing in this article shall take away the right of action of the party to whom such lien is given to satisfy his judgment pursuant to law and the Colorado rules of civil procedure for his charges or for any residue thereof after sale of such property.
L. 1883: p. 239, § 10. G.S. § 2127. R.S. 08: § 4022. C.L. § 6439. CSA: C. 101, § 12. CRS 53: § 86-1-12. C.R.S. 1963: § 86-1-12. L. 75: Entire section amended, p. 1418, § 5, effective April 24.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › LIENS (§§ 38-20-101 — 38-27.5-108) › Article 20 - LIEN ON PERSONAL PROPERTY (§§ 38-20-101 — 38-20-210) › Part 1 - LIEN ON PERSONAL PROPERTY (§§ 38-20-101 — 38-20-116) › Section 38-20-114 - Clerk of sale

At such sale the person to whom such lien is given may appoint a clerk and crier.
L. 1883: p. 239, § 11. G.S. § 2128. R.S. 08: § 4023. C.L. § 6440. CSA: C. 101, § 13. CRS 53: § 86-1-13. C.R.S. 1963: § 86-1-13.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › LIENS (§§ 38-20-101 — 38-27.5-108) › Article 20 - LIEN ON PERSONAL PROPERTY (§§ 38-20-101 — 38-20-210) › Part 1 - LIEN ON PERSONAL PROPERTY (§§ 38-20-101 — 38-20-116) › Section 38-20-115 - Sale fees

Clerks of the county or district court may charge for recording each bill of sale a fee as authorized by section
13-32-104
, C.R.S.
L. 1883: p. 239, § 12. G.S. § 2129. R.S. 08: § 4024. C.L. § 6411. CSA: C. 6441, § 14. CRS 53: § 86-1-14. C.R.S. 1963: § 86-1-14. L. 64: p. 290, § 225. L. 75: Entire section R&RE, p. 1418, § 6, effective April 24. L. 87: Entire section amended, p. 1583, § 45, effective July 10.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › LIENS (§§ 38-20-101 — 38-27.5-108) › Article 20 - LIEN ON PERSONAL PROPERTY (§§ 38-20-101 — 38-20-210) › Part 2 - AGISTOR'S LIEN ACT (§§ 38-20-201 — 38-20-210) › Section 38-20-201 - Short title

This part 2 shall be known and may be cited as the "Agistor's Lien Act".
L. 96: Entire part added, p. 1387, § 11, effective July 1.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › LIENS (§§ 38-20-101 — 38-27.5-108) › Article 20 - LIEN ON PERSONAL PROPERTY (§§ 38-20-101 — 38-20-210) › Part 2 - AGISTOR'S LIEN ACT (§§ 38-20-201 — 38-20-210) › Section 38-20-202 - Definitions

As used in this part 2, unless the context otherwise requires:
(1)
"Abandoned" means having forsaken entirely or neglected or refused to pay for feeding, herding, pasturing, keeping, ranching, boarding, or medical care for any livestock held by an agistor, its owner, or an owner's agent.
(2)
"Agent" means any person who contracts for the feeding, herding, pasturing, keeping, ranching, or boarding of livestock or the provision of medical care for livestock.
(3)
"Agistor" means any rancher, farmer, feeder, herder of cattle, livery stable keeper, veterinarian, or other person to whom livestock are entrusted by the owner for feeding, herding, pasturing, keeping, ranching, or boarding, or providing medical care.
(4)
"Board" means the state board of stock inspection commissioners created in section
35-41-101
, C.R.S.
(5)
"Continuing payment" means charges that are due and owing to an agistor and do not have a definite termination date.
(6)
"Livestock" means horses, mules, asses, cattle, sheep, hogs, and alternative livestock as defined in section
35-41.5-102(1)
, C.R.S.
(7)
"Public livestock market" means a public livestock market licensed pursuant to article
55
of title
35
, C.R.S.
L. 96: Entire part added, p. 1387, § 11, effective July 1.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › LIENS (§§ 38-20-101 — 38-27.5-108) › Article 20 - LIEN ON PERSONAL PROPERTY (§§ 38-20-101 — 38-20-210) › Part 2 - AGISTOR'S LIEN ACT (§§ 38-20-201 — 38-20-210) › Section 38-20-203 - Agistor's lien

(1)
An agistor shall have a lien upon the livestock entrusted to its care for any amount that may be due for feeding, herding, pasturing, keeping, ranching, or boarding such livestock, for medical care provided to such livestock, and for all costs incurred in enforcing such lien, including attorney fees. The provisions of this section shall not apply to stolen livestock.
(2)
An agistor's lien shall be effective for the entire period during which the livestock are held by the agistor, and if the livestock referenced in subsection (1) of this section are sold, exchanged, or otherwise disposed of from the premises of the lienor by anyone other than the lienor acting on his or her own behalf or the lienor's agent, the lien created by this section shall continue and shall attach to the proceeds received or receivable from such disposition. To the extent an agistor's lien remains effective, such lien shall be superior to all other liens.
L. 96: Entire part added, p. 1388, § 11, effective July 1.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › LIENS (§§ 38-20-101 — 38-27.5-108) › Article 20 - LIEN ON PERSONAL PROPERTY (§§ 38-20-101 — 38-20-210) › Part 2 - AGISTOR'S LIEN ACT (§§ 38-20-201 — 38-20-210) › Section 38-20-204 - Agistor's lien - filing requirement

An agistor's lien created pursuant to this part 2 shall be filed with the secretary of state or the county clerk where the livestock are located. The filing of an agistor's lien shall constitute notice of the contents and legal effect of the lien.
L. 96: Entire part added, p. 1388, § 11, effective July 1.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › LIENS (§§ 38-20-101 — 38-27.5-108) › Article 20 - LIEN ON PERSONAL PROPERTY (§§ 38-20-101 — 38-20-210) › Part 2 - AGISTOR'S LIEN ACT (§§ 38-20-201 — 38-20-210) › Section 38-20-207 - Abandoned livestock - notice - disposition

(1)
Livestock shall be presumed abandoned if:
(a)
The owner or owner's agent has failed to contact the lienor within ten days after service of notice under section
38-20-206
;
(b)
The lienor, in good faith, has no reasonable grounds to believe that the owner does not intend to abandon the livestock; and
(c)
The agistor has sent written notice of abandonment pursuant to the publication procedures in this article.
(2)
The board shall care for and dispose of any abandoned livestock pursuant to section
35-44-112
, C.R.S.
(3)
After paying all expenses incurred, the board shall pay the agistor for the cost of herding or caring for such livestock, not to exceed the fair market value of the actual cost of such herding or caring or five hundred dollars per head, whichever is less.
(4)
(a)
Any surplus funds forwarded to the state board of stock inspection commissioners shall be deposited in the estray fund of said board in the manner described in section
38-20-206
.
(b)
If the owner of livestock presumed to be abandoned is found within three years after the date of the sale of such livestock, the net amount received from the sale shall be paid to the owner, less the following amounts, upon said owner proving ownership to the satisfaction of the board:
(I)
A sum determined by the board by rule for each abandoned animal, to be retained by the state board of stock inspection commissioners;
(II)
The amount of any judgment awarded the lienor; and
(III)
Any amounts owed to a secured party that has filed a lien against the livestock presumed to be abandoned and submitted a claim to the board.
(c)
A current livestock inspection certificate shall be prima facie evidence of ownership.
L. 96: Entire part added, p. 1391, § 11, effective July 1. L. 2004: (4)(b)(I) amended, p. 651, § 16, effective July 1.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › LIENS (§§ 38-20-101 — 38-27.5-108) › Article 20 - LIEN ON PERSONAL PROPERTY (§§ 38-20-101 — 38-20-210) › Part 2 - AGISTOR'S LIEN ACT (§§ 38-20-201 — 38-20-210) › Section 38-20-208 - Lien no bar

Nothing in this article shall prohibit a lienor, after the sale of livestock pursuant to this article, from pursuing further action to fully satisfy a judgment on an agistor's lien.
L. 96: Entire part added, p. 1392, § 11, effective July 1.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › LIENS (§§ 38-20-101 — 38-27.5-108) › Article 20 - LIEN ON PERSONAL PROPERTY (§§ 38-20-101 — 38-20-210) › Part 2 - AGISTOR'S LIEN ACT (§§ 38-20-201 — 38-20-210) › Section 38-20-209 - Lien as security interest

A lien created pursuant to this article shall be considered a security interest for purposes of section
18-5-206
, C.R.S.
L. 96: Entire part added, p. 1392, § 11, effective July 1.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › LIENS (§§ 38-20-101 — 38-27.5-108) › Article 20 - LIEN ON PERSONAL PROPERTY (§§ 38-20-101 — 38-20-210) › Part 2 - AGISTOR'S LIEN ACT (§§ 38-20-201 — 38-20-210) › Section 38-20-210 - Recording fees

Any clerk of a county or district court may, pursuant to section
13-32-104
, C.R.S., charge a fee for recording bills of sale under this article.
L. 96: Entire part added, p. 1392, § 11, effective July 1.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › LIENS (§§ 38-20-101 — 38-27.5-108) › Article 21 - LIEN FOR SERVICES (§§ 38-21-101 — 38-21-106) › Section 38-21-101 - Persons entitled to special lien

Every person who, while lawfully in possession of an article of personal property, renders any service to the owner of such property, by labor or skill, has a special lien thereon, dependent on possession, for the compensation, if any, which is due from the owner for such service. Every laundry proprietor, person conducting a laundry business, dry cleaning establishment proprietor, and person conducting a dry cleaning establishment has a general lien, dependent on possession, upon all personal property in such person's possession belonging to a customer, for the balance due from such customer for laundry work and for the balance due from such customer for dry cleaning work, but nothing in this section shall be construed to confer a lien in favor of a wholesale dry cleaner on materials received from a dry cleaning establishment proprietor or a person conducting a dry cleaning establishment. The terms "person" and "proprietor", as used in this article, include an individual, firm, partnership, association, corporation, and company.
L. 47: p. 648, § 1. CSA: C. § 101, § 14(1). CRS 53: § 86-2-1. C.R.S. 1963: § 86-2-1. L. 94: Entire article amended, p. 461, § 1, effective March 31.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › LIENS (§§ 38-20-101 — 38-27.5-108) › Article 21 - LIEN FOR SERVICES (§§ 38-21-101 — 38-21-106) › Section 38-21-102 - Lienor may sell or dispose

(1)
Any garments, clothing, wearing apparel, household goods, or any other items that remain in the possession of a person, on which cleaning, pressing, glazing, laundering, or washing has been done, alterations or repairs have been made, or materials or supplies have been used or furnished, for a period of ninety days or more after the completion of such services or labor may be sold. The person to whom such charges are payable and owing shall first notify the owner of such property of the time and place of such sale pursuant to section
38-21-104
. Property that is to be placed in storage after any of the services or labor mentioned in this section shall not be affected by the provisions of this section.
(2)
If any garments, clothing, wearing apparel, household goods, or any other items are left with a launderer or retail dry cleaner for laundering or dry cleaning and are not reclaimed by the customer within one hundred eighty days, the launderer or dry cleaner may, without any liability or responsibility for such garments, clothing, wearing apparel, household goods, or any other items and without notification to the customer, dispose of such items in any manner suitable to the launderer or dry cleaner.
L. 47: p. 648, § 2. CSA: C. § 101, § 14(2). CRS 53: § 86-2-2. C.R.S. 1963: § 86-2-2. L. 94: Entire article amended, p. 461, § 1, effective March 31. L. 95: Entire section amended, p. 153, § 1, effective April 7.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › LIENS (§§ 38-20-101 — 38-27.5-108) › Article 21 - LIEN FOR SERVICES (§§ 38-21-101 — 38-21-106) › Section 38-21-103 - Sale for storage charges - disposal

(1)
All garments, clothing, wearing apparel, household goods, and any other items on which any of the services or labor mentioned in section
38-21-102
have been performed and then placed in storage by agreement, remaining in the possession of a person without the reasonable or agreed charges having been paid for a period of ninety days, may be sold. The person to whom the charges are payable and owing shall first notify the owner of such property of the time and place of sale pursuant to section
38-21-104
. Persons operating as warehouses or warehousemen shall not be affected by this section.
(2)
If any garments, clothing, wearing apparel, household goods, or any other items are left for laundering or dry cleaning and placed in storage without the reasonable or agreed charges having been paid and are not reclaimed by the customer within one hundred eighty days, the person holding such property may, without any liability or responsibility for such garments, clothing, wearing apparel, household goods, or any other items and without notification to the customer, dispose of such items in any manner it deems suitable.
L. 47: p. 648, § 2. CSA: C. § 101, § 14(2). CRS 53: § 86-2-3. C.R.S. 1963: § 86-2-3. L. 94: Entire article amended, p. 462, § 1, effective March 31. L. 95: Entire section amended, p. 153, § 2, effective April 7.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › LIENS (§§ 38-20-101 — 38-27.5-108) › Article 21 - LIEN FOR SERVICES (§§ 38-21-101 — 38-21-106) › Section 38-21-104 - How notice given

(1)
The notice required in this article shall be satisfied by mailing a registered letter, with a return address marked thereon, addressed to the owner of the property if an address was given at the time of delivery of the property, stating that the garments, clothing, wearing apparel, household goods, or any other items on which any of the services or labor mentioned in section
38-21-102
have been performed shall be sold unless they are reclaimed within thirty days after the date of the notice. The notice shall also include the time and place of the sale. The cost of posting or mailing said letter shall be added to the charges.
(2)
(Deleted by amendment, L. 94, p. 462, § 1, effective March 31, 1994.)
(3)
Whether or not an address was given at the time of delivery of the property, the person holding such property may dispose of any item after one hundred eighty days without notice pursuant to the provisions of section
38-21-102 (2)
or section
38-21-103 (2)
.
L. 47: p. 648, § 2. CSA: C. § 101, § 14(2). CRS 53: § 86-2-4. C.R.S. 1963: § 86-2-4. L. 94: Entire article amended, p. 462, § 1, effective March 31. L. 95: (1) amended and (3) added, p. 154, § 3, effective April 7.
For publication of legal notices, see part 1 of article 70 of title 24 .
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › LIENS (§§ 38-20-101 — 38-27.5-108) › Article 21 - LIEN FOR SERVICES (§§ 38-21-101 — 38-21-106) › Section 38-21-105 - Disposition of proceeds of sale. (Deleted by amendment)

L. 47: p. 648, § 2. CSA: C. § 101, § 14(2). CRS 53: § 86-2-5. C.R.S. 1963: § 86-2-5. L. 94: Entire article amended, p. 463, § 1, effective March 31.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › LIENS (§§ 38-20-101 — 38-27.5-108) › Article 21 - LIEN FOR SERVICES (§§ 38-21-101 — 38-21-106) › Section 38-21-106 - Notice posted in receiving office

Each person taking advantage of this article must keep posted in a prominent place in such person's receiving office at all times a notice which shall read as follows:
"All articles cleaned, pressed, glazed, laundered, washed, altered, or repaired and not reclaimed within ninety days may be sold, and such items may be disposed of after one hundred eighty days."
L. 47: p. 648, § 2. CSA: C. § 101, § 14(2). CRS 53: § 86-2-6. C.R.S. 1963: § 86-2-6. L. 94: Entire article amended, p. 463, § 1, effective March 31. L. 95: Entire section amended, p. 154, § 4, effective April 7.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › LIENS (§§ 38-20-101 — 38-27.5-108) › Article 21.5 - SELF-SERVICE STORAGE FACILITY LIENS (§§ 38-21.5-101 — 38-21.5-105) › Section 38-21.5-101 - Definitions

As used in this article 21.5, unless the context otherwise requires:
(1)
"Default" means the failure to perform in a timely manner any obligation or duty set forth in this article or the rental agreement.
(1.5)
"Electronic mail" or "e-mail" means an electronic message or an executable program or computer file that contains an image of a message that is transmitted between two or more computers or electronic terminals. The term includes electronic messages that are transmitted within or between computer networks.
(2)
"Last-known address" means that postal address or e-mail address provided by the occupant in the latest rental agreement or in a subsequent written notice of a change of address.
(3)
"Occupant" means a person, or his sublessee, successor, or assign, entitled to the use of the storage space at a self-service storage facility under a rental agreement, to the exclusion of others.
(4)
"Owner" means the owner, operator, lessor, or sublessor of a self-service storage facility, his agent, or any other person authorized by him to manage the facility or to receive rent from an occupant under a rental agreement.
(5)
"Personal property" means movable property not affixed to land and includes, but is not limited to, goods, merchandise, and household items.
(6)
"Rental agreement" means any written agreement or lease that establishes or modifies the terms, conditions, rules, or any other provisions concerning the use and occupancy at a self-service storage facility.
(7)
"Self-service storage facility" means any real property designed and used for the purpose of renting or leasing individual storage space to occupants who are to have access to such facility for the purpose of storing and removing personal property. No occupant shall use a self-service storage facility for residential purposes. A self-service storage facility is not a warehouse as used in sections
4-7-209
and
4-7-210
, C.R.S. If an owner issues any warehouse receipt, bill of lading, or other document of title for the personal property stored, the owner and the occupant are subject to the provisions of the "Uniform Commercial Code", and the provisions of this article do not apply.
(8)
"Vehicle" means any item of personal property required to be registered with the department of revenue pursuant to section
42-3-103
, C.R.S.
(9)
"Verified mail" means any method of mailing that is offered by the United States postal service and that provides evidence of mailing.
(10)
"Watercraft" means any vessel, including a personal watercraft, as defined in section
33-13-102
, C.R.S.
Amended by 2018 Ch. 68,§ 1, eff. 8/8/2018.
L. 80: Entire article added, p. 700, § 1, effective July 1. L. 2011: (1.5), (8), (9), and (10) added and (2) and (6) amended, (SB 11-039), ch. 92, p. 271, §1, effective August 10. L. 2018: IP and (6) amended, (HB 18-1117), ch. 68, p. 626, § 1, effective August 8.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › LIENS (§§ 38-20-101 — 38-27.5-108) › Article 21.5 - SELF-SERVICE STORAGE FACILITY LIENS (§§ 38-21.5-101 — 38-21.5-105) › Section 38-21.5-101.5 - Rental agreements - required provisions

(1)
A rental agreement must contain:
(a)
A notice stating that all articles stored under the terms of such agreement will be sold or otherwise disposed of if no payment has been received for a continuous thirty-day period; and
(b)
A provision directing the occupant to disclose any lienholders with an interest in property that is or will be stored in the self-service storage facility.
(2)
If a rental agreement limits the aggregate value of the property that may be stored in the occupant's storage space, that limit is deemed to be the maximum value of the stored property.
(3)
A rental agreement may include a reasonable late fee for each month an occupant does not pay rent in full when due. A late fee of twenty dollars or twenty percent of the monthly rental amount, whichever is greater, for each late rental payment is reasonable and does not constitute a penalty. The owner shall not collect a late fee as part of the lien unless the amount of the late fee is stated in the rental agreement or in an addendum to the rental agreement.
Added by 2018 Ch. 68,§ 2, eff. 8/8/2018.
L. 2018: Entire section added, (HB 18-1117), ch. 68, p. 626, § 2, effective August 8.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › LIENS (§§ 38-20-101 — 38-27.5-108) › Article 21.5 - SELF-SERVICE STORAGE FACILITY LIENS (§§ 38-21.5-101 — 38-21.5-105) › Section 38-21.5-102 - Lien established

Where a rental agreement is entered into between the owner and the occupant, the owner and his or her heirs, executors, administrators, successors, and assigns have a lien upon all personal property located at the self-service storage facility for rent, labor, or other charges, present or future, including late fees as specified in section
38-21.5-101.5(3)
, in relation to the personal property and for expenses necessary for its preservation or expenses reasonably incurred in its sale or other disposition pursuant to this article 21.5. The lien attaches as of the date the personal property is brought to the self-service storage facility and continues so long as the owner retains possession and until the default is corrected, a sale is conducted, or the property is otherwise disposed of to satisfy the lien. Before taking enforcement action pursuant to section
38-21.5-103(1)(b)
, the owner shall determine if a financing statement concerning the property to be sold or otherwise disposed of has been filed with the secretary of state in accordance with part 5 of article
9
of title
4
.
Amended by 2018 Ch. 68,§ 3, eff. 8/8/2018.
L. 80: Entire article added, p. 701, § 1, effective July 1. L. 2001: Entire section amended, p. 1447, § 43, effective July 1. L. 2011: Entire section amended, (SB 11-039), ch. 92, p. 274, §3, effective August 10. L. 2018: Entire section amended, (HB 18-1117), ch. 68, p. 627, § 3, effective August 8.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › LIENS (§§ 38-20-101 — 38-27.5-108) › Article 21.5 - SELF-SERVICE STORAGE FACILITY LIENS (§§ 38-21.5-101 — 38-21.5-105) › Section 38-21.5-104 - Notice posted in office

Each owner acting pursuant to this article shall keep posted in a prominent place in his office at all times a notice which shall read as follows:
"All articles stored by a rental agreement, and charges not having been paid for thirty days, will be sold or otherwise disposed of to pay charges."
L. 80: Entire article added, p. 703, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › LIENS (§§ 38-20-101 — 38-27.5-108) › Article 21.5 - SELF-SERVICE STORAGE FACILITY LIENS (§§ 38-21.5-101 — 38-21.5-105) › Section 38-21.5-105 - Additional liens

Nothing in this article shall be construed as in any manner impairing or affecting the right of parties to create liens by special contract or agreement, nor shall it in any manner affect or impair other liens arising at common law or in equity, or by any statute of this state.
L. 80: Entire article added, p. 703, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › LIENS (§§ 38-20-101 — 38-27.5-108) › Article 22 - GENERAL MECHANICS' LIEN (§§ 38-22-101 — 38-22-133) › Section 38-22-104 - Lien on mining property

The provisions of this article shall apply to all persons who do work or furnish laborers or materials, or mining, milling, or other machinery or other fixtures, as provided in section
38-22-101
, for the working, preservation, prospecting, or development of any mine, lode, or mining claim or deposit yielding metals or minerals of any kind, or for the working, preservation, or development of any such mine, lode, or deposit, in search of any such metals or minerals; and to all persons who do work upon or furnish laborers or materials, mining, milling, and other machinery or other fixtures, as provided in section
38-22-101
, upon, in, or for any shaft, tunnel, mill, or tunnel site, incline, adit, drift, or any draining or other improvement of or upon any such mine, lode, deposit, or tunnel site; and to every miner or other person who does work upon or furnishes any laborers, coal, power, provisions, timber, powder, rope, nails, candles, fuse, caps, rails, spikes, or iron, or other materials whatever, as provided in section
38-22-101
, upon any mine, lode, deposit, mill, or tunnel site. But when two or more lodes, mines, or deposits owned or claimed by the same person are worked through a common shaft, tunnel, incline, adit, drift, or other excavation, then all the mines, mining claims, lodes, deposits, and tunnel and mill sites so owned and worked or developed, for the purpose of this article shall be deemed one mine. This section is not applicable to the owner of any mine, lode, mining claim, deposit, mill, or tunnel where the work or labor has been performed for or the laborers or materials furnished to a lessee.
L. 1899: p. 266, § 4. R.S. 08: § 4028. L. 15: p. 332, § 1. C.L. § 6445. CSA: C. 101, § 18. CRS 53: § 86-3-4. C.R.S. 1963: § 86-3-4. L. 2000: Entire section amended, p. 207, § 4, effective August 2.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › LIENS (§§ 38-20-101 — 38-27.5-108) › Article 22 - GENERAL MECHANICS' LIEN (§§ 38-22-101 — 38-22-133) › Section 38-22-105 - Property subject to lien - notice

(1)
Any building, mill, manufactory, bridge, ditch, flume, aqueduct, reservoir, tunnel, fence, railroad, wagon road, tramway, and every structure or other improvement mentioned in this article, constructed, altered, added to, removed to, or repaired, either in whole or in part, upon or in any land with the knowledge of the owner or reputed owner of such land, or of any person having or claiming an interest therein, otherwise than under a bona fide prior recorded mortgage, deed of trust, or other encumbrance, or prior lien shall be held to have been erected, constructed, altered, removed, repaired, or done at the instance and request of such owner or person, including landlord or vendor, who by lease or contract has authorized such improvements, but so far only as to subject his interest to a lien therefor as provided in this section.
(2)
Such interest so owned or claimed shall be subject to any lien given by the provisions of this article, unless such owner or person within five days after obtaining notice of the erection, construction, alteration, removal, addition, repair, or other improvement, gives notice that his or her interests shall not be subject to any lien for the same by serving a written or printed notice to that effect, personally, upon all persons performing labor or furnishing laborers, materials, machinery, or other fixtures therefor, or within five days after such owner or person has obtained notice of the erection, construction, alteration, removal, addition, repair, or other improvement, or notice of the intended erection, construction, alteration, removal, addition, repair, or other improvement gives such notice by posting and keeping posted a written or printed notice in some conspicuous place upon said land or upon the building or other improvements situate thereon.
(3)
This section shall not apply to coowners of unincorporated canals, ditches, flumes, aqueducts, and reservoirs nor to the enforcement of article
23
of this title. The provisions of this section shall not be construed to apply to any owner or person claiming any interest in such property, the interest of whom is subject to a lien pursuant to the provisions of section
38-22-101
.
L. 1899: p. 267, § 5. R.S. 08: § 4029. C.L. § 6446. CSA: C. 101, § 19. CRS 53: § 86-3-5. C.R.S. 1963: § 86-3-5. L. 65: p. 851, § 3. L. 2000: (2) amended, p. 207, § 5, effective August 2.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › LIENS (§§ 38-20-101 — 38-27.5-108) › Article 22 - GENERAL MECHANICS' LIEN (§§ 38-22-101 — 38-22-133) › Section 38-22-106 - Priority of lien - attachments

(1)
All liens established by virtue of this article shall relate back to the time of the commencement of work under the contract between the owner and the first contractor, or, if said contract is not in writing, then such liens shall relate back to and take effect as of the time of the commencement of the work upon the structure or improvement, and shall have priority over any lien or encumbrance subsequently intervening, or which may have been created prior thereto but which was not then recorded and of which the lienor, under this article, did not have actual notice. Nothing contained in this section, however, shall be construed as impairing any valid encumbrance upon any such land duly made and recorded prior to the signing of such contract or the commencement of work upon such improvements or structure.
(2)
No attachment, garnishment, or levy under an execution upon any money due or to become due to a contractor from the owner or reputed owner of any such property subject to any such lien shall be valid as against such lien of a subcontractor or materialmen, and no such attachment, garnishment, or levy upon any money due to a subcontractor or materialmen of the second class, as provided in section
38-22-108(1)(b)
, from the contractor shall be valid as against any lien of a laborer employed by the day or piece, who does not furnish any material as classified in this article.
L. 1899: p. 268, § 6. R.S. 08: § 4030. C.L. § 6447. CSA: C. 101, § 20. CRS 53: § 86-3-6. C.R.S. 1963: § 86-3-6.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › LIENS (§§ 38-20-101 — 38-27.5-108) › Article 22 - GENERAL MECHANICS' LIEN (§§ 38-22-101 — 38-22-133) › Section 38-22-107 - Lien attaches to water rights and franchises

Such liens likewise shall attach to rights of water and rights-of-way that may pertain in any manner to any kind of property specified in this article and to which such liens attach. In the case of corporations such liens shall attach to all the franchises and charter privileges that may pertain in any manner to said specified property.
L. 1899: p. 269, § 7. R.S. 08: § 4031. C.L. § 6448. CSA: C. 101, § 21. CRS 53: § 86-3-7. C.R.S. 1963: § 86-3-7.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › LIENS (§§ 38-20-101 — 38-27.5-108) › Article 22 - GENERAL MECHANICS' LIEN (§§ 38-22-101 — 38-22-133) › Section 38-22-108 - Rank of liens

(1)
Every person given a lien by this article whose contract, either express or implied, is with the owner or reputed owner or owner's agent or other representative, is a principal contractor and all others are subcontractors; and in every case in which different liens are claimed against the same property, the rank of each lien, or class of liens, as between the different lien claimants, shall be declared and ordered to be satisfied in the decree or judgment in the following order named:
(a)
The liens of all those who were laborers or mechanics working by the day or piece, but without furnishing material therefor, either as principal or subcontractors;
(b)
The liens of all other subcontractors and of all materialmen whose claims are either entirely or principally for laborers, materials, machinery, or other fixtures, furnished either as principal contractors or subcontractors;
(c)
The liens of all other principal contractors and all moneys realized in any actions for the satisfaction of liens against the same improvements or structures shall be paid out in the order above designated.
L. 1899: p. 269, § 8. R.S. 08: § 4032. C.L. § 6449. CSA: C. 101, § 22. CRS 53: § 86-3-8. C.R.S. 1963: § 86-3-8. L. 2000: IP(1), (1)(b), and (1)(c) amended, p. 208, § 7, effective August 2.