How do you enforce an attorney's "charging lien" in Colorado against settlement funds held by a third party (escrow).

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I served a Notice of Lien for non-payment of attorneys' fees against settlement funds I recovered for a former client, a portion of which is now sitting in a quasi-escrow account (it's held in a 1031 Exchange account) which my former client will use to purchase another investment property. Colorado has a charging lien statute and case law that is extremely favorable to the attorney. Do I have to file a complaint or can I just do a petition? How quickly can I get an order and/or Judgment? Time is of the essence and I want to leverage this lien as much as possible.

Attorney Answer

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Richard Elie ·
The North Valley Bank seems to suggest your lien would be superior. http://www.courts.state.co.us/Courts/Court_of_Appeals/opinion/2010/09CA2559.pdf However the question is did you file your notice in a litigated case in California? Or is this a plain notice of lien served on opposing parties and escrow agent? I would imagine in this instance you would file a complaint in the District Court, possibly in federal court if its a substantial amount of money, and then seek an order impressing the lien. I note, however, in Colorado if your law firm is a corporation or a partnership, you will need local counsel who is licensed in CO though you can be moved in pro hac vice.
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