You recorded the Colorado mechanics lien statement. The owner still has not paid. Recording the lien is not the last step — it starts a short foreclosure clock, and if you miss it the lien can die even when the debt is real.
This page covers the six-month foreclosure deadline, the annual affidavit rule, and how Darkwell funding can help carry next steps on a $10,000+ claim.
Quick note: Darkwell funds legal claims. We’re not a law firm and this isn’t legal advice. Talk with a licensed attorney in your state about your claim and your deadlines. Colorado law controls Colorado projects.
Lien filed and still unpaid at $10,000 or more? Request a free claim review.
The six-month foreclosure clock
C.R.S. § 38-22-110 says a recorded lien does not hold the property longer than six months after last work or completion unless two things happen within that time: (1) an action to enforce the lien is commenced, and (2) a notice that the action has been commenced is filed for record in the county where the property sits.
- Sue within six months after last work or completion.
- Record notice of the suit in the same window.
- Annual affidavit. Subject to that six-month rule, § 38-22-109(8) says a lien generally does not remain effective longer than one year from filing unless an annual affidavit is filed within 30 days after each anniversary stating that the improvements have not been completed. Once you start the foreclosure action and record the notice under § 38-22-110, no annual affidavit is needed thereafter (§ 38-22-109(9)).
If the six-month window is gone, a contract suit may still be available. Ask a Colorado attorney which path fits.
What happens after you sue
Foreclosure can mean discovery, hearings, and sometimes a sale. Counsel and court costs add up. Darkwell funding can help carry those costs while your attorney runs the case.
Related Colorado pages
See the Colorado mechanic’s lien guide and mechanic lien attorney alternative for the earlier notice and filing steps.
How Darkwell helps
Legal costs are often what stops a good claim. Darkwell helps carry them. After a Colorado lien is filed and still unpaid, that can mean funding the foreclosure suit and related case costs.
- We help carry the cost. Darkwell funding helps pay for the case, so your operating cash stays in your business.
- We bring attorneys we know. Darkwell has a network of attorneys we know. They help keep costs down while still pursuing the claim. The claim moves forward with an attorney from our network, or your current attorney where it fits.
- Your attorney handles the law. We don’t run your case or choose your legal strategy. Your attorney does that.
- You make a clear decision. The goal is to take the stress out of the fight and make the smart financial decision about your claim.
What to send for a claim review
- Recorded lien statement and NOI proof
- Job address and parties
- Contract and invoices
- Last-work and completion dates
- Any demand letters or responses
- Your attorney’s contact, if you have one
How we get paid
Our fee comes out of the recovery, not your pocket. If there’s no recovery, you don’t repay our funding. Your written agreement sets the exact terms.
Where we work and claim size
We fund business claims, and individual and consumer claims in some states, reviewed state by state where the law allows. We confirm your state during review. See where Darkwell funds claims.
In select cases, we may purchase a business claim outright, where state law allows.
We review claims of $10,000 or more, subject to review and approval by our team.
Darkwell does not buy or collect consumer debt in states that require a collection license, including Colorado.
Common questions
Is recording the lien enough? No. You generally must start the foreclosure action and record notice of the suit within six months under § 38-22-110.
What if the six months already passed? The lien may no longer hold the property. A contract claim may still exist. Ask a Colorado attorney promptly.
Does Darkwell control my case? No. Your attorney handles the case. Darkwell provides funding.
Sources
Reminder: Darkwell provides litigation funding. Darkwell does not buy or collect consumer debt in states that require a collection license, including Colorado. We are not a law firm and do not give legal advice. Colorado law controls Colorado projects and your deadlines. Nothing on this page promises funding, approval, or any particular result.
Lien on file and still not paid? Request a free claim review. Send what you have, and you’ll get a response from our team.
Related reading: Colorado Lien Filing Cost · Colorado Lien Waiver Signed Not Paid · Colorado Mechanic’s Lien Guide · Colorado Litigation Funding · Where We Fund
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