July 22, 2019

Colorado Court of Appeals: Lien Against Judge’s Personal Property Correctly Deemed Spurious and Thus Invalid

The Colorado Court of Appeals issued its opinion in Egelhoff v. Taylor on Thursday, September 26, 2013.

Spurious Liens and Documents—Administrative Remedies—Subject Matter Jurisdiction.

Defendant Lesley Joe Taylor appealed the judgment declaring invalid his putative lien against the property of plaintiff Martin Foster Egelhoff. The judgment was affirmed.

Taylor filed a document purporting to be a lien with the Denver County Clerk and Recorder, asserting that Egelhoff owed him $500 million and that this debt was secured by Egelhoff’s real and personal property. The lien was found to be invalid pursuant to CRS § 38-35-204 and CRCP 105.1.

On appeal, Taylor asserted that the court erred in concluding that his lien was spurious and, thus, invalid. Taylor did not provide a transcript of the hearing. Therefore, it is presumed that the court’s ruling declaring the lien invalid is supported by the record. Further, neither the documents Taylor sent to the district court nor his arguments on appeal provided any legal or factual support for the validity of the lien. Accordingly, the district court did not err in finding the lien spurious and thus invalid.

Taylor also contended that Egelhoff failed to exhaust his administrative remedies before challenging the liens as spurious under CRS § 38-35-204 and, therefore, the court lacked subject matter jurisdiction. Egelhoff had no available administrative remedies to exhaust. The proper procedure for removing a spurious lien is to file a petition in a court seeking an order to show cause under CRS § 38-35-204, as Egelhoff did here. In addition, both Taylor and Egelhoff proceeded in this action as private parties, not state agencies. Therefore, the doctrine of exhaustion of administrative remedies was inapplicable.

Summary and full case available here.