Rule 105.1.Spurious Lien or Document

Current through June 1, 2026 · Last verified July 10, 2026

In one sentenceRule 105.1 gives a property owner a fast, court-supervised way to challenge a spurious lien or document recorded against their real or personal property, using a show-cause petition that can result in the lien being declared invalid and an award of costs and attorney fees within weeks.

Full Text of Rule 105.1

Text sizeJump to: (a) (b) (c) (d) (e)

(a) Petition; Contents, Order to Show Cause. Any person whose real or personal property is affected by a spurious lien or spurious document, as defined by law, may file a petition in the district court in the county in which the lien or document was recorded or filed, or in the district court for the county in which affected real property is located, for an order to show cause why the lien or document should not be declared invalid. The petition, which may also be brought as a counterclaim or a cross-claim in a pending action, shall set forth a concise statement of the facts upon which the petition is based, shall be supported by the affidavit of the petitioner or the petitioner's attorney, and shall be accompanied by a copy of the lien or document as recorded or filed in the public records. The order to show cause may be granted ex parte and shall:

(1) Direct any lien claimant and any person who recorded or filed the lien or document to appear as respondent before the court at a time and place certain not less than 14 days nor more than 21 days after service of the order to show cause why the lien or document should not be declared invalid and why such other relief provided for by statute should not be granted;

(2) State that if the respondent fails to appear at the time and place specified, the lien or document, if found by the court to be spurious, will be declared invalid and released; and

(3) State that the court shall award costs, including reasonable attorney fees, to the prevailing party.

(b) Notice; Service. The petitioner shall issue a notice to respondent setting forth the time and place for the hearing on the show cause order, which hearing shall be set not less than 14 days nor more than 21 days from service of the show cause order, and shall advise respondent of the right to file and serve a response as provided in section (c), including a reference to the last day for filing a response and the addresses at which such response must be filed and served. The notice shall contain the return address of the petitioner or the petitioner's attorney. The notice and a copy of the petition and order to show cause shall be served by the petitioner on the respondent not less than 14 days prior to the date set for the hearing, by (1) mailing a true copy thereof by first class mail to each respondent at the address or addresses stated in the lien or document and (2) filing a copy with the clerk of the district court and delivering a second copy to the clerk of the district court for posting in the clerk's office, which shall be evidenced by the certificate of the petitioner or petitioner's agent or attorney. Alternatively, the petitioner may serve the petition, notice, and show cause order upon each respondent in accordance with Rule 4, or, in the event the claim is brought as a counterclaim or cross-claim in a pending action in which the parties have appeared, in accordance with Rule 5.

(c) Response; Contents; Filing and Service. Not less than 7 days prior to the date set for the hearing, the respondent shall file and serve a verified response to the petition, setting forth the facts supporting the validity of the lien or document and attaching copies of all documents which support the validity of the lien or document. Service of such response shall be made in accordance with Rule 5(b).

(d) Hearing; Decree; Hearing Dispensed With If No Response Filed. If, following a hearing on the order to show cause, the court determines that the lien or document is a spurious lien or a spurious document, the court shall make findings of fact and enter an order and decree declaring the spurious lien or document and any related notices of lis pendens invalid, releasing the recorded or filed spurious lien or spurious document, and entering a monetary judgment in the amount of the petitioner's costs, including reasonable attorney fees, against the respondent and in favor of the petitioner. If, following the hearing on the order to show cause, the court determines that the lien or document is not a spurious lien or document, the court shall issue an order so finding and enter a monetary judgment against the petitioner and in favor of the respondent in the amount of the respondent's costs, including reasonable attorney fees. If necessary, the court may in its discretion continue the hearing on the show cause order for further proceedings and trial. If no response is filed and served by the respondent within the time permitted by section (c), the court shall examine the petition and, if satisfied that venue is proper and that the lien or document is spurious, the court shall dispense with the hearing and forthwith enter the order, which shall be a final judgment for purposes of appeal. If the petition has been personally served upon the respondent in accordance with Rule 4(e) or (g), the court shall enter judgment in favor of petitioner and against the respondent for the petitioner's costs, including reasonable attorney fees.

(e) Docket Fee. A docket fee in the amount specified by law shall be paid by the petitioner. The respondent shall pay, at the time of the filing of the response, a docket fee in the amount specified by law for a defendant or respondent in a civil action under section 13-32-101(1)(d), C.R.S.

End

Amendment History

Adopted effective January 1, 1998. Amended effective June 28, 2007; July 1, 2012.

Plain-English Summary

Rule 105.1 addresses a narrow but important problem: someone records a spurious lien or document against a person's property that has no legitimate basis. The property owner can petition the district court — either in the county where the lien or document was recorded or filed, or, for real property, in the county where the property sits — for an order directing the person who recorded it to show cause why it should not be declared invalid. The petition needs a supporting affidavit and a copy of the recorded lien or document, and the court can issue the show-cause order without first notifying the other side.

The order sets a hearing between 14 and 21 days after service, and the respondent has until 7 days before the hearing to file a sworn response defending the lien or document. If the respondent never answers and the petition was properly served, the court can skip the hearing altogether and enter a final order once it confirms venue is proper and the lien or document looks spurious. Whoever loses the fight over validity also loses on costs: the losing side pays the winning side's costs and reasonable attorney fees.

Because the process can move quickly and can be brought without the other side's advance knowledge, it gives owners a targeted remedy against fraudulent or groundless filings without having to wait out a full lawsuit. The rule also can be raised as a counterclaim or cross-claim inside a case that is already pending.

Frequently Asked Questions

How fast is the hearing on a spurious lien petition?

The hearing must be set between 14 and 21 days after the show-cause order is served on the respondent, and the notice and petition must be served at least 14 days before that hearing date.

What happens if the person who recorded the lien never responds?

If no response is filed within the time allowed, the court examines the petition and, if venue is proper and the lien or document appears spurious, enters an order declaring it invalid without holding a hearing. That order is a final judgment for purposes of appeal.

Who pays costs and attorney fees in a Rule 105.1 case?

The rule directs the court to award costs and reasonable attorney fees to whichever side prevails — the petitioner if the lien or document is declared spurious, or the respondent if the court finds it is not.

Can this petition be filed inside an existing lawsuit?

Yes. A person affected by a spurious lien or document can bring the petition as its own case or raise it as a counterclaim or cross-claim in a lawsuit that is already pending.

Source & verification. The rule text is reproduced verbatim from the official Colorado Rules of Civil Procedure (Colo. R. Civ. P. 105.1). Prescribed by the Supreme Court of Colorado (C.R.S. § 13-2-108; Colo. Const. art. VI). The plain-English summary is original and written by us. Last verified July 10, 2026. · Official source

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