reglab/statecodes huggingface dataset:
2023 Missouri Revised Statutes › Title XXVII - Debtor-Creditor Relations › Chapter 428 - Fraudulent Conveyances and Liens › Section 428.105 - Definitions.

Title XXVII DEBTOR-CREDITOR RELATIONS
Chapter 428
• Effective - 28 Aug 1996
428.105. Definitions. —
1. For the purposes of sections 428.105 to 428.135:
(1)
"Court"
is the United States Supreme Court, Federal Courts of Appeal, Federal District Courts, Federal Magistrates, Federal Administrative Courts, Missouri supreme court, Missouri courts of appeal, Missouri circuit courts, and Missouri associate circuit courts but shall not include municipal courts;
(2)
"Filing officer"
is the secretary of state, the recorder of deeds of any county, the circuit clerk of any county or any public official or authorized employee required by law to accept for filing and keep as a public record any lien, deed, instrument, judgment or other document, whether in paper, electronic or other form, required to be filed or recorded under the laws of this state;
(3)
"Nonconsensual common law lien"
is a document that purports to assert a lien against the assets, real or personal, of any person and that, regardless of any self-description:
(a) Is not expressly provided for by a specific state or federal statute;
(b) Does not depend upon the consent of the owner of the property affected or the existence of a contract for its existence; and
(c) Is not an equitable or constructive lien imposed by a state or federal court of competent jurisdiction.
2. Nothing in sections 428.105 to 428.135 shall be construed to create a lien or interest in property not otherwise existing under state or federal law.
3. Nothing in sections 428.105 to 428.135 shall be construed to permit a municipal court to create a lien or interest in property not otherwise existing under state or federal law.
­­--------
(L. 1996 S.B. 869 § D-1)
2023 Missouri Revised Statutes › Title XXVII - Debtor-Creditor Relations › Chapter 428 - Fraudulent Conveyances and Liens › Section 428.110 - Filing officer may reject lien, exceptions — filing officer to accept notice of invalid lien, when.

Title XXVII DEBTOR-CREDITOR RELATIONS
Chapter 428
• Effective - 28 Aug 1996, 2 histories
428.110. Filing officer may reject lien, exceptions — filing officer to accept notice of invalid lien, when. —
1. Any filing officer may reject for filing or recording any nonconsensual common law lien. This section shall not be construed to permit rejection of a document that is shown to be authorized by contract, lease or statute or imposed by a state or federal court of competent jurisdiction or filed by a licensed attorney, a financial institution including, but not limited to, any commercial bank, savings and loan association or credit union or a Missouri state licensed mortgage company or mortgage broker.
2. If a nonconsensual common law lien has been accepted for filing, the filing officer shall accept for filing a sworn notice of invalid lien on a form provided by the filing officer signed and submitted by the person against whom such lien was filed or such person's attorney. The form shall be captioned "Notice of Invalid Lien" and shall state the name and address of the person on whose behalf such notice is filed, the name and address of the lien claimant and a clear reference to the document or documents the person believes constitute a nonconsensual common law lien. A copy of the notice of invalid lien shall be mailed by the filing officer to the lien claimant at the lien claimant's last known address within one business day. No filing officer, county or the state shall be liable for the acceptance for filing of a nonconsensual common law lien, nor for the acceptance for filing of a sworn notice of invalid lien pursuant to this subsection.
­­--------
(L. 1996 S.B. 869 § D-2)
2023 Missouri Revised Statutes › Title XXVII - Debtor-Creditor Relations › Chapter 428 - Fraudulent Conveyances and Liens › Section 428.115 - Lien claimant may petition court, procedure.

Title XXVII DEBTOR-CREDITOR RELATIONS
Chapter 428
• Effective - 28 Aug 1996
428.115. Lien claimant may petition court, procedure. —
Any person who attempts to file a lien against real or personal property that is rejected pursuant to subsection 1 of section 428.110 may petition the circuit court of the county of the filing officer that rejected such lien for an order, which may be granted ex parte, directing the filing officer to file or record the lien pending a hearing on whether the lien constitutes a nonconsensual common law lien. The lien claimant shall appear before the court as the petitioner within ten business days following the date of service of the petition and order on the filing officer, and show cause, if any, why the lien should not be declared void and other relief provided for by section 428.125 should not be granted. The petition shall state the grounds upon which relief is requested, and shall be supported by the affidavit of the petitioner or the petitioner's attorney setting forth a concise statement of the facts upon which the claim for relief is based.
­­--------
(L. 1996 S.B. 869 § D-3)
2023 Missouri Revised Statutes › Title XXVII - Debtor-Creditor Relations › Chapter 428 - Fraudulent Conveyances and Liens › Section 428.120 - Petition to declare lien invalid, procedure.

Title XXVII DEBTOR-CREDITOR RELATIONS
Chapter 428
• Effective - 28 Aug 1996
428.120. Petition to declare lien invalid, procedure. —
Any person who has real or personal property or an interest therein, which is subject to a recorded nonconsensual common law lien, who believes such lien is invalid, may petition the circuit court of the county in which the lien has been recorded or filed for an order, which may be granted ex parte, directing the lien claimant to appear before the court within ten business days following the date of service of the petition and order on the lien claimant, and show cause, if any, why the claim of lien should not be declared void and other relief provided for by section 428.125 should not be granted. The petition shall state the grounds upon which relief is requested, and shall be supported by the affidavit of the petitioner or the petitioner's attorney setting forth a concise statement of the facts upon which the claim for relief is based.
­­--------
(L. 1996 S.B. 869 § D-4)
2023 Missouri Revised Statutes › Title XXVII - Debtor-Creditor Relations › Chapter 428 - Fraudulent Conveyances and Liens › Section 428.125 - Contents of order — remedies — copy of order to be filed.

Title XXVII DEBTOR-CREDITOR RELATIONS
Chapter 428
• Effective - 28 Aug 1995
428.125. Contents of order — remedies — copy of order to be filed. —
1. Any order rendered pursuant to section 428.115 or 428.120 shall clearly state that if the lien claimant fails to appear at the time and place noted, the claim of lien shall be declared void ab initio and released and that the lien claimant shall be ordered to pay the costs incurred by any other party to the proceeding, including reasonable attorney's fees.
2. If, following a hearing on the matter, the court determines that the document at issue is a nonconsensual common law lien, the court shall issue an order declaring the lien void ab initio, releasing the lien and awarding costs and reasonable attorney's fees to the prevailing party.
3. If the court determines that the claim of lien is valid, the court shall issue an order so stating and may award costs and reasonable attorney's fees to the prevailing party.
4. A certified copy of any order rendered pursuant to this section shall be filed by the circuit clerk in the office of the appropriate filing officer.
­­--------
(L. 1996 S.B. 869 § D-5)
2023 Missouri Revised Statutes › Title XXVII - Debtor-Creditor Relations › Chapter 428 - Fraudulent Conveyances and Liens › Section 428.130 - Filing officers not liable.

Title XXVII DEBTOR-CREDITOR RELATIONS
Chapter 428
• Effective - 28 Aug 1996
428.130. Filing officers not liable. —
Filing officers and any employees thereof, acting in the scope of employment, shall not be liable for damages pursuant to sections 428.105 to 428.125 and, except as otherwise provided by law, shall not be required to defend decisions to accept or reject any documents.
­­--------
(L. 1996 S.B. 869 § D-6)
2023 Missouri Revised Statutes › Title XXVII - Debtor-Creditor Relations › Chapter 428 - Fraudulent Conveyances and Liens › Section 428.135 - Liability for filing or recording certain documents.

Title XXVII DEBTOR-CREDITOR RELATIONS
Chapter 428
• Effective - 28 Aug 1996
428.135. Liability for filing or recording certain documents. —
Any person who records or files in the office of a filing officer:
(1) Any document purporting to create a nonconsensual common law lien against real or personal property; or
(2) A notice of invalid lien pursuant to subsection 2 of section 428.110 with respect to a valid lien and which the filer knew to be false at the time of filing;
­­shall be liable to the damaged party for actual damages or five thousand dollars, whichever is greater plus costs and reasonable attorney's fees.
­­--------
(L. 1996 S.B. 869 § D-7)
2023 Missouri Revised Statutes › Title XXVII - Debtor-Creditor Relations › Chapter 429 - Statutory Liens Against Real Estate › Section 429.005 - Certain agreements to waive rights under this chapter are unenforceable — exception.

Title XXVII DEBTOR-CREDITOR RELATIONS
Chapter 429
Effective - 28 Aug 1992
429.005. Certain agreements to waive rights under this chapter are unenforceable — exception. —
1. An agreement by an original contractor, subcontractor, supplier or laborer to waive any right to enforce or claim any lien authorized under this chapter, where the agreement is in anticipation of and in consideration for the awarding of a contract or subcontract to perform work or supply materials for an improvement upon real property, whether expressly stated or implied, is against public policy and shall be unenforceable. The provisions of this section shall not prohibit subordination or release of a lien authorized under this chapter.
2. Nothing contained in this section shall be construed to prohibit contractual provisions requiring lien waivers as a condition for payment.
­­--------
(L. 1992 H.B. 982 § 1)
2023 Missouri Revised Statutes › Title XXVII - Debtor-Creditor Relations › Chapter 429 - Statutory Liens Against Real Estate › Section 429.014 - Lien fraud, penalties — claim against original contract, when.

Title XXVII DEBTOR-CREDITOR RELATIONS
Chapter 429
• Effective - 01 Jan 2017, 2 histories, see footnote
429.014. Lien fraud, penalties — claim against original contract, when. —
1. Any original contractor, subcontractor or supplier who fails or refuses to pay any subcontractor, materialman, supplier or laborer for any services or materials provided pursuant to any contract referred to in section 429.010, 429.012 or 429.013 for which the original contractor, subcontractor or supplier has been paid, with the intent to defraud, commits the offense of lien fraud, regardless of whether the lien was perfected or filed within the time allowed by law.
2. A property owner or lessee who pays a subcontractor, materialman, supplier or laborer for the services or goods claimed pursuant to a lien, for which the original contractor, subcontractor or supplier has been paid, shall have a claim against the original contractor, subcontractor or supplier who failed or refused to pay the subcontractor, materialman, supplier or laborer.
3. Lien fraud is a class D felony if the amount of the lien filed or the aggregate amount of all liens filed on the subject property as a result of the conduct described in subsection 1 of this section is in excess of five hundred dollars, otherwise lien fraud is a class A misdemeanor. If no liens are filed, lien fraud is a class A misdemeanor.
­­--------
(L. 1986 H.B. 942, et al. § 1, A.L. 1988 H.B. 1711, A.L. 2014 S.B. 491)
Effective 1-01-17
2023 Missouri Revised Statutes › Title XXVII - Debtor-Creditor Relations › Chapter 429 - Statutory Liens Against Real Estate › Section 429.020 - Lien for street, sidewalk, sewer or pipeline adjacent to land.

Title XXVII DEBTOR-CREDITOR RELATIONS
Chapter 429
• Effective - 28 Aug 1992
429.020. Lien for street, sidewalk, sewer or pipeline adjacent to land. —
Every mechanic or other person who shall do or perform any work or labor upon or furnish any material for the construction of any street, curb, sidewalk, sewerline, waterline, or other pipeline in front of, adjacent to, along or adjoining any lot, tract or parcel of land in any town, city or village, under or by virtue of any contract with the owner or proprietor of such lot, tract or parcel of land, or his agent, trustee, contractor or subcontractor, or without a contract if ordered by a city, town, village or county having a charter form of government to abate the conditions that caused a structure on that property to be deemed a dangerous building under local ordinances pursuant to section 67.410, shall, upon complying with the provisions of sections 429.010 to 429.340, have a lien upon such lot, tract or parcel of land for his work or labor done, or material furnished.
­­--------
(RSMo 1939 § 3547, A.L. 1961 p. 341, A.L. 1992 H.B. 1434 & 1490)
Prior revisions: 1929 § 3157; 1919 § 7217; 1909 § 8213
2023 Missouri Revised Statutes › Title XXVII - Debtor-Creditor Relations › Chapter 429 - Statutory Liens Against Real Estate › Section 429.030 - Amount of property subject to lien.

Title XXVII DEBTOR-CREDITOR RELATIONS
Chapter 429
• Effective - 28 Aug 1961
429.030. Amount of property subject to lien. —
The entire land, to the extent aforesaid, upon which any such building, erection or improvement is situated, or in front or alongside of which such street, curb, sidewalk, sewerline, waterline or other pipeline shall have been built, including as well that part of said land which is not covered with such building, erection or other improvement as that part thereof which is covered with the same, shall be subject to all liens created by sections 429.010 to 429.340 to the extent, and only to the extent, of all the right, title and interest owned therein by the owner or proprietor of such building, erection or improvement, and for whose immediate use or benefit the labor was done or the things furnished.
­­--------
(RSMo 1939 § 3548, A.L. 1961 p. 342)
Prior revisions: 1929 § 3158; 1919 § 7218; 1909 § 8214
2023 Missouri Revised Statutes › Title XXVII - Debtor-Creditor Relations › Chapter 429 - Statutory Liens Against Real Estate › Section 429.040 - Buildings on same or adjacent lots.

Title XXVII DEBTOR-CREDITOR RELATIONS
Chapter 429
• Effective - 28 Aug 1939
429.040. Buildings on same or adjacent lots. —
When the improvements consist of two or more buildings, united together and situated upon the same lot or contiguous lots, or separate buildings upon contiguous lots, or a continuous or connected sidewalk in front or alongside of contiguous lots, and erected under one general contract, it shall not be necessary to file a separate lien upon each building or lot for the work done or materials furnished in the erection of such improvements.
­­--------
(RSMo 1939 § 3579)
Prior revisions: 1929 § 3189; 1919 § 7249; 1909 § 8237
(1960) Where petition of subcontractor alleged that work in paving and grading of street and driveways for twelve contiguous lots of land was all performed under one contract, that the general contractor engaged to construct the buildings on the various lots and alleged that the contiguous lots were owned by the present owners, it stated a cause of action for a mechanics' lien. Ladue Contracting Co. v. Land Development Co. (A.), 337 S.W.2d 578.
(1960) Where one contract for plumbing was made for a large number of buildings in a subdivision on property owned by four different corporations but which was controlled by a fifth corporation and the lots were separated by streets, they were contiguous within the meaning of this section and therefore subject to the mechanics' lien law. Schwartz v. Shelby Const. Co. (Mo.), 338 S.W.2d 781.
(1968) The words "erected under one general contract" as used in mechanics' lien statutes are not confined to a case where the whole of the buildings are to be completed under one contract, but include a contract to purchase all of the materials of a specified kind for the buildings. Stewart C.&M. Co. v. James H. Stanton Construction Co. (A.), 433 S.W.2d 76.
(1969) Two tracts or two lots which have only one common corner are not "contiguous" within the meaning of this section. Stewart C.&M. Co. v. James H. Stanton Construction Co. (A.), 433 S.W.2d 76.
(1971) Lots held not to be contiguous where private street separated them and contractor who began work after subdividing and building of street was not entitled to single mechanic's lien against all lots. United Lumber Co. v. Minmac Investment Co. (A.), 472 S.W.2d 630.
(2001) Section is the exclusive avenue for filing a blanket lien covering more than one building or lot. Concrete Company of the Ozarks v. Catamount Ridge North, LLC, 63 S.W.3d 260 (Mo.App.S.D.).
2023 Missouri Revised Statutes › Title XXVII - Debtor-Creditor Relations › Chapter 429 - Statutory Liens Against Real Estate › Section 429.050 - Priority of lien — improvements removed when — exception.

Title XXVII DEBTOR-CREDITOR RELATIONS
Chapter 429
• Effective - 28 Aug 1939
429.050. Priority of lien — improvements removed when — exception. —
The lien for the things aforesaid, or work, shall attach to the buildings, erections or improvements for which they were furnished or the work was done, in preference to any prior lien or encumbrance or mortgage upon the land upon which said buildings, erections, improvements or machinery have been erected or put; and any person enforcing such lien may have such buildings, erections or improvements sold under execution, and the purchaser may remove the same within a reasonable time thereafter; provided, that nothing contained in this section shall be so construed as to allow any such sidewalk as is mentioned in sections 429.010 to 429.340 to be so sold under execution or so removed.
­­--------
(RSMo 1939 § 3549)
Prior revisions: 1929 § 3159; 1919 § 7219; 1909 § 8215
(1972) This section applies only to new construction and does not apply to improvements or repairs of existing structures thus where prior mortgage was given upon land and an existing structure the mechanic's liens arising incident to improvement or repair of existing structure had no priority over mortgage; but by its actions in inducing lien claimants to furnish material and labor which were the basis of the liens, mortgagee bank waived and was estopped from asserting its priority and mechanic's lien claimants had paramount liens not only on improvements but also on land itself. Trout's Investments, Inc. v. Davis (Mo.), 482 S.W.2d 510.
(1978) Statutes providing for priority of mechanic's lien over deed of trust did not violate due process rights of lender under the deed of trust. Westinghouse Electric Company v. Vann Realty Company (Mo.), 568 S.W.2d 777.
2023 Missouri Revised Statutes › Title XXVII - Debtor-Creditor Relations › Chapter 429 - Statutory Liens Against Real Estate › Section 429.060 - Lien shall have precedence over subsequent encumbrances.

Title XXVII DEBTOR-CREDITOR RELATIONS
Chapter 429
• Effective - 28 Aug 1939
429.060. Lien shall have precedence over subsequent encumbrances. —
The lien for work and materials as aforesaid shall be preferred to all other encumbrances which may be attached to or upon such buildings, bridges or other improvements, or the ground, or either of them, subsequent to the commencement of such buildings or improvements.
­­--------
(RSMo 1939 § 3553)
Prior revisions: 1929 § 3163; 1919 § 7223; 1909 § 8219
(1967) A properly filed mechanic's lien dates from the visible commencement of actual operations on the ground for the erection of the building or the making of the improvement which makes it apparent that a building has been commenced or that an improvement is to be made, done with the intention and formed purpose to continue the work until completed. H. B. Deal Construction Co. v. Labor Discount Center, Inc. (Mo.), 418 S.W.2d 940.
(1978) Statutes providing for priority of mechanic's lien over deed of trust did not violate due process rights of lender under the deed of trust. Westinghouse Electric Company v. Vann Realty Company (Mo.), 568 S.W.2d 777.
2023 Missouri Revised Statutes › Title XXVII - Debtor-Creditor Relations › Chapter 429 - Statutory Liens Against Real Estate › Section 429.090 - Abstract of lien by clerk.

Title XXVII DEBTOR-CREDITOR RELATIONS
Chapter 429
• Effective - 01 Jul 1997, see footnote
429.090. Abstract of lien by clerk. —
It shall be the duty of the clerk of the circuit court to endorse upon every account the date of its filing, and maintain an abstract thereof, containing the date of its filing, the name of the person seeking to enforce the lien, the amount claimed, the name of the person against whose property the lien is filed, and a description of the property charged with the same.
­­--------
(RSMo 1939 § 3552, A.L. 1990 S.B. 808 & 672, A.L. 1996 S.B. 869, A.L. 1997 S.B. 248)
Prior revisions: 1929 § 3162; 1919 § 7222; 1909 § 8218
Effective 7-01-97
2023 Missouri Revised Statutes › Title XXVII - Debtor-Creditor Relations › Chapter 429 - Statutory Liens Against Real Estate › Section 429.100 - Notification by subcontractors and others.

Title XXVII DEBTOR-CREDITOR RELATIONS
Chapter 429
• Effective - 28 Aug 1939
429.100. Notification by subcontractors and others. —
Every person except the original contractor, who may wish to avail himself of the benefit of the provisions of sections 429.010 to 429.340, shall give ten days' notice before the filing of the lien, as herein required, to the owner, owners or agent, or either of them, that he holds a claim against such building or improvement, setting forth the amount and from whom the same is due. Such notice may be served by any officer authorized by law to serve process in civil actions, or by any person who would be a competent witness. When served by an officer, his official return endorsed thereon shall be proof thereof, and when served by any other person, the fact of such service shall be verified by affidavit of the person so serving.
­­--------
(RSMo 1939 § 3565)
Prior revisions: 1929 § 3175; 1919 § 7235; 1909 § 8231
(1964) The ten-day notice provision of this section does not reduce the four-month provision of 429.080 to a lesser period of time. Continental Casualty Co. v. Allsop Lumber Co., 336 F.2d 445.
(1975) "Original contractor" is one who contracts to furnish labor or materials with the then owner of the property. J.R. Meade Co. v. Forward Const. Co. (A.), 526 S.W.2d 21.
(1978) Original contractor within meaning of this section refers to what contractor is to do, and is not determined upon the characterization of the terms "contractor" and "subcontractor" in the contract. Home Building Corporation v. Ventura Corporation (Mo.), 568 S.W.2d 769.
2023 Missouri Revised Statutes › Title XXVII - Debtor-Creditor Relations › Chapter 429 - Statutory Liens Against Real Estate › Section 429.110 - When owner nonresident — notice, how given.

Title XXVII DEBTOR-CREDITOR RELATIONS
Chapter 429
• Effective - 28 Aug 2010
429.110. When owner nonresident — notice, how given. —
Whenever property is sought to be charged with a lien under sections 429.010 to 429.340, and the owner of the property so sought to be charged shall not be a resident of this state, or shall have no agent in the county in which said property is situate, or when such owner shall be a resident of the state, but conceals himself, or has absconded, or absents himself from his usual place of abode, so that the notice required by section 429.100 cannot be served upon him, then, and in every such case, such notice may be recorded with the recorder of deeds of the county in which such property is situate, and when recorded shall have like effect as if served upon such owner or his agent in the manner contemplated by section 429.100. Such notice shall be accompanied by an applicable fee for recording and shall be taxed as costs in any lien suit to which the same pertains, to abide the result of the suit.
­­--------
(RSMo 1939 § 3566, A.L. 2010 H.B. 1643)
Prior revisions: 1929 § 3176; 1919 § 7236; 1909 § 8232
(1956) Evidence to establish circumstances prescribed by this section is necessary to judgment where notice required by § 429.100 is not given. Hertel Electric Co. v. Gabriel (A.), 292 S.W.2d 95.
2023 Missouri Revised Statutes › Title XXVII - Debtor-Creditor Relations › Chapter 429 - Statutory Liens Against Real Estate › Section 429.120 - Satisfaction to be filed, when.

Title XXVII DEBTOR-CREDITOR RELATIONS
Chapter 429
• Effective - 01 Jul 1997, see footnote
429.120. Satisfaction to be filed, when. —
Whenever any debt, which is a lien upon any building or other improvement, shall be paid or satisfied, the creditor, if required, shall file an acknowledgment of such satisfaction with the clerk of the circuit court.
­­--------
(RSMo 1939 § 3563, A.L. 1996 S.B. 869, A.L. 1997 S.B. 248)
Prior revisions: 1929 § 3173; 1919 § 7233; 1909 § 8229
Effective 7-01-97
2023 Missouri Revised Statutes › Title XXVII - Debtor-Creditor Relations › Chapter 429 - Statutory Liens Against Real Estate › Section 429.130 - Penalty for refusing to satisfy.

Title XXVII DEBTOR-CREDITOR RELATIONS
Chapter 429
• Effective - 28 Aug 1939
429.130. Penalty for refusing to satisfy. —
If any creditor refuse to enter satisfaction within ten days after payment and request, as aforesaid, he shall be liable to any person injured, to the amount of such injury and cost of suit.
­­--------
(RSMo 1939 § 3564)
Prior revisions: 1929 § 3174; 1919 § 7234; 1909 § 8230
2023 Missouri Revised Statutes › Title XXVII - Debtor-Creditor Relations › Chapter 429 - Statutory Liens Against Real Estate › Section 429.140 - Duty of contractor when others file lien.

Title XXVII DEBTOR-CREDITOR RELATIONS
Chapter 429
• Effective - 28 Aug 1939
429.140. Duty of contractor when others file lien. —
In all cases where a lien shall be filed under the provisions of sections 429.010 to 429.340 by any person other than a contractor, it shall be the duty of the contractor to defend any action brought thereupon, at his own expense; and, during the pendency of such action, the owner may withhold from the contractor the amount of money for which such lien shall be filed; and in case of judgment against the owner or his property upon the lien, he shall be entitled to deduct from any amount due by him to the contractor the amount of such judgment and costs, and, if he shall have settled with the contractor in full, shall be entitled to recover back from the contractor any amount so paid by the owner for which the contractor was originally the party liable.
­­--------
(RSMo 1939 § 3567)
Prior revisions: 1929 § 3177; 1919 § 7237; 1909 § 8233
2023 Missouri Revised Statutes › Title XXVII - Debtor-Creditor Relations › Chapter 429 - Statutory Liens Against Real Estate › Section 429.150 - Who construed as owner or proprietor.

Title XXVII DEBTOR-CREDITOR RELATIONS
Chapter 429
• Effective - 28 Aug 1939
429.150. Who construed as owner or proprietor. —
Every person, including all cestui que trust, for whose immediate use, enjoyment or benefit any building, erection or improvement shall be made, shall be included by the words "owner or proprietor" thereof under sections 429.010 to 429.340, not excepting such as may be minors over the age of eighteen years, or married women.
­­--------
(RSMo 1939 § 3568)
Prior revisions: 1929 § 3178; 1919 § 7238; 1909 § 8234
(1974) Held that a trustee in a deed of trust is not an "owner" under this section and is not entitled to notice. The H.B. Deal, Nelle Plumbing and Boyer cases not to be followed. R. L. Sweet Lumber Co., v. E.L. Lane Inc. (Mo.), 513 S.W.2d 365.
2023 Missouri Revised Statutes › Title XXVII - Debtor-Creditor Relations › Chapter 429 - Statutory Liens Against Real Estate › Section 429.160 - Assignment of mechanics' liens — rights of assignee.

Title XXVII DEBTOR-CREDITOR RELATIONS
Chapter 429
• Effective - 28 Aug 1949
429.160. Assignment of mechanics' liens — rights of assignee. —
Any two or more persons having filed in the clerk's office mechanics' liens may assign to each other or to any other person all their right, title and interest in and to such mechanics' liens, and the assignee thereof may bring suit in his name and enforce all such assigned liens as fully as if the same had not been assigned.
­­--------
(RSMo 1939 § 3615, A. 1949 S.B. 1120)
Prior revisions: 1929 § 3225; 1919 § 7285; 1909 § 8266
2023 Missouri Revised Statutes › Title XXVII - Debtor-Creditor Relations › Chapter 429 - Statutory Liens Against Real Estate › Section 429.170 - Actions commenced in six months.

Title XXVII DEBTOR-CREDITOR RELATIONS
Chapter 429
• Effective - 28 Aug 1959
429.170. Actions commenced in six months. —
All actions under sections 429.010 to 429.340 shall be commenced within six months after filing the lien, and prosecuted without unnecessary delay to final judgment; and no lien shall continue to exist by virtue of the provisions of said sections, for more than six months after the lien shall be filed, unless within that time an action shall be instituted thereon, as herein prescribed.
­­--------
(RSMo 1939 § 3562, A.L. 1959 S.B. 257 & 295)
Prior revisions: 1929 § 3172; 1919 § 7232; 1909 § 8228
(1953) Where lien appears of record, the timely filing of a suit to enforce same may be treated as a cross bill to a previously filed equitable lien action and should be consolidated with such action on application or on court's own motion. E. C. Robinson Lumber Co. v. Baugher (A.), 258 S.W.2d 259.
(1954) Where contract for machines to be attached to realty was made with one corporation which was later dissolved and machines thereunder were delivered to and accepted by another corporation having same name, suit for mechanic's lien timely filed against first corporation which was not then in existence held timely. Drew's Hdw. & App. Co. v. Willis Housing Projects (A.), 268 S.W.2d 596.
(1956) Where ninetieth day for filing mechanic's lien occurred on Decoration Day, May 30, which was Sunday, the time for filing under § 506.060 was extended until Tuesday, June 1, because Monday became the holiday under § 9.010. Hermann v. Dixon (A.), 285 S.W.2d 716.
(1963) Where both the property owner and subcontractor were made parties defendant in action to establish and enforce materialman's lien and petition was filed and process issued within six months' period, suit was timely although service was not had on subcontractor within six months' period. Continental Electric Co. v. Ebco (A.), 365 S.W.2d 746.
(1964) In suit in equity to enforce mechanic's lien where another lien claimant filed application asking for order joining claimant as party defendant and filed no further pleading, application was not timely commencement of action as required by sections 429.170 and 429.310 to preserve claimant's lien. Truog v. Elbel Construction Co. (A.), 374 S.W.2d 612.
(1964) Although action to enforce lien was commenced within statutory period, materialman's unexcused neglect for a period in excess of the period of limitation after first summons was issued against necessary party and returned unserved to request issuance of alias summons was fatal to the action. Continental Electric Co. v. Ebco, Inc. (Mo.), 375 S.W.2d 134.
2023 Missouri Revised Statutes › Title XXVII - Debtor-Creditor Relations › Chapter 429 - Statutory Liens Against Real Estate › Section 429.180 - Pleadings as in other civil cases.

Title XXVII DEBTOR-CREDITOR RELATIONS
Chapter 429
• Effective - 28 Aug 1939
429.180. Pleadings as in other civil cases. —
The pleadings, practice, process and other proceedings in cases arising under sections 429.010 to 429.340 shall be the same as in ordinary civil actions and proceedings in circuit courts, except as herein otherwise provided. The petition, among other things, shall allege the facts necessary for securing a lien under said sections, and shall contain a description of the property charged therewith.
­­--------
(RSMo 1939 § 3554)
Prior revisions: 1929 § 3164; 1919 § 7224; 1909 § 8220
(1956) While inaccurate, loose or general descriptions of property against which a lien is claimed have been declared sufficient, the judgment must accurately describe the land subject to the lien. Hertel Electric Co. v. Gabriel (A.), 292 S.W.2d 95.
2023 Missouri Revised Statutes › Title XXVII - Debtor-Creditor Relations › Chapter 429 - Statutory Liens Against Real Estate › Section 429.190 - Who may be made parties.

Title XXVII DEBTOR-CREDITOR RELATIONS
Chapter 429
• Effective - 28 Aug 1939
429.190. Who may be made parties. —
In all suits under sections 429.010 to 429.340 the parties to the contract shall, and all other persons interested in the matter in controversy or in the property charged with the lien may be made parties, but such as are not made parties shall not be bound by any such proceedings.
­­--------
(RSMo 1939 § 3555)
Prior revisions: 1929 § 3165; 1919 § 7225; 1909 § 8221
(1959) Where straw party holding legal title to realty was party but real owner who contracted for repair of boiler was not a party to action under mechanic's lien law, court did not acquire jurisdiction of subject matter of action. Simon Devine Welding Co. v. Kuhn (A.), 329 S.W.2d 249.
(1962) In action against corporation to have real estate impressed with mechanic's lien for balance due for work performed under contract made with corporation's vendor where evidence showed the corporation ratified and adopted the contract, the corporation's vendors were not necessary parties to the action. Vasquez v. Village Center, Inc. (Mo.), 362 S.W.2d 588.
2023 Missouri Revised Statutes › Title XXVII - Debtor-Creditor Relations › Chapter 429 - Statutory Liens Against Real Estate › Section 429.200 - Personal representative made party, when.

Title XXVII DEBTOR-CREDITOR RELATIONS
Chapter 429
• Effective - 28 Aug 1983
429.200. Personal representative made party, when. —
In case of the death of any of the parties specified in section 429.190, whether before or after suit brought, the personal representative of such deceased party shall be made plaintiff or defendant, as the case may require, and it shall not be necessary to make the heirs or devisees of such deceased persons parties to the suit; but if there is no personal representative of such deceased person, then his heirs or devisees may be made parties, and if any of the heirs or devisees are minors under the age of eighteen years, their guardians or conservators of their estates shall be made parties with them; but if such minors shall have no guardians or conservators of their estates, the court in which the suit is pending shall appoint guardians ad litem for them in the same manner and under the same rules and regulations as guardians ad litem are appointed in proceedings for partition of real estate, and the judgment and proceedings of such court in any such suits shall be as binding on such minors as if they were over the age of eighteen years.
­­--------
(RSMo 1939 § 3556, A.L. 1983 S.B. 44 & 45)
Prior revisions: 1929 § 3166; 1919 § 7226; 1909 § 8222
2023 Missouri Revised Statutes › Title XXVII - Debtor-Creditor Relations › Chapter 429 - Statutory Liens Against Real Estate › Section 429.210 - The judgment.

Title XXVII DEBTOR-CREDITOR RELATIONS
Chapter 429
• Effective - 28 Aug 1939
429.210. The judgment. —
The court shall ascertain, by a fair trial in the usual way, the amount of the indebtedness for which the lien is prosecuted, and may render judgment therefor in any sum not exceeding the amount claimed in the demand filed with the lien, together with interest and costs, although the creditor may have unintentionally failed to enter in his account filed the full amount of credits to which the debtor may be entitled.
­­--------
(RSMo 1939 § 3557)
Prior revisions: 1929 § 3167; 1919 § 7227; 1909 § 8223
(1967) Interest is includable in any mechanic's lien judgment, including those situations where the owner is not in privity with the contractor. Mid-West Engineering and Construction Co. v. Campagna (Mo.), 421 S.W.2d 229.
2023 Missouri Revised Statutes › Title XXVII - Debtor-Creditor Relations › Chapter 429 - Statutory Liens Against Real Estate › Section 429.220 - Judgment by default.

Title XXVII DEBTOR-CREDITOR RELATIONS
Chapter 429
• Effective - 28 Aug 1939
429.220. Judgment by default. —
Judgment by default shall be rendered against every defendant who, after being summoned or notified according to law, shall not appear and plead within the time allowed in ordinary civil actions.
­­--------
(RSMo 1939 § 3558)
Prior revisions: 1929 § 3168; 1919 § 7228; 1909 § 8224
2023 Missouri Revised Statutes › Title XXVII - Debtor-Creditor Relations › Chapter 429 - Statutory Liens Against Real Estate › Section 429.230 - Judgment on constructive notice.

Title XXVII DEBTOR-CREDITOR RELATIONS
Chapter 429
• Effective - 28 Aug 1939
429.230. Judgment on constructive notice. —
When the debtor has not been served with summons according to law, and has not appeared, but has been lawfully notified by publication, the judgment, if for the plaintiff, shall be that he recover the amount of the indebtedness found to be due, and costs of suit, to be levied of the property charged with the lien therefor, which said property shall be correctly described in said judgment.
­­--------
(RSMo 1939 § 3559)
Prior revisions: 1929 § 3169; 1919 § 7229; 1909 § 8225
2023 Missouri Revised Statutes › Title XXVII - Debtor-Creditor Relations › Chapter 429 - Statutory Liens Against Real Estate › Section 429.240 - Judgment on personal service.

Title XXVII DEBTOR-CREDITOR RELATIONS
Chapter 429
• Effective - 28 Aug 1939
429.240. Judgment on personal service. —
When the debtor has been served with summons according to law, or appears to the action without service, the judgment, if for the plaintiff, shall be against such debtor as in ordinary cases, with the addition that if no sufficient property of the debtor can be found to satisfy such judgment and costs of suit, then the residue thereof be levied as provided in section 429.230.
­­--------
(RSMo 1939 § 3560)
Prior revisions: 1929 § 3170; 1919 § 7230; 1909 § 8226
2023 Missouri Revised Statutes › Title XXVII - Debtor-Creditor Relations › Chapter 429 - Statutory Liens Against Real Estate › Section 429.250 - The execution.

Title XXVII DEBTOR-CREDITOR RELATIONS
Chapter 429
• Effective - 28 Aug 1939
429.250. The execution. —
The execution to be issued shall be a special fieri facias, and shall be in conformity with the judgment, and such writ shall be returnable as ordinary executions; and the advertisement, sale and conveyance of real or personal estate under the same shall be made as under ordinary executions.
­­--------
(RSMo 1939 § 3561)
Prior revisions: 1929 § 3171; 1919 § 7231; 1909 § 8227
2023 Missouri Revised Statutes › Title XXVII - Debtor-Creditor Relations › Chapter 429 - Statutory Liens Against Real Estate › Section 429.260 - Proceeds divided pro rata, when.

Title XXVII DEBTOR-CREDITOR RELATIONS
Chapter 429
• Effective - 28 Aug 1939
429.260. Proceeds divided pro rata, when. —
The liens for work and labor done or things furnished, as specified in sections 429.010 to 429.340, shall be upon an equal footing, without reference to the date of filing the account or lien; and in all cases where a sale shall be ordered and the property sold, which may be described in any account or lien, the proceeds arising from such sale, when not sufficient to discharge in full all the liens against the same without reference to the date of filing the account or lien, shall be paid pro rata on the respective liens; provided, such account or liens shall have been filed and suit brought as provided by said sections.
­­--------
(RSMo 1939 § 3569)
Prior revisions: 1929 § 3179; 1919 § 7239; 1909 § 8235
2023 Missouri Revised Statutes › Title XXVII - Debtor-Creditor Relations › Chapter 429 - Statutory Liens Against Real Estate › Section 429.270 - Enforcement and adjudication of rights of several lienors in equitable action — procedure.

Title XXVII DEBTOR-CREDITOR RELATIONS
Chapter 429
• Effective - 28 Aug 1939
429.270. Enforcement and adjudication of rights of several lienors in equitable action — procedure. —
Any and all liens in sections 429.010 to 429.340 provided for may be adjudicated and determined and the rights of all parties interested in the same and in the property and of any of the property against which the same is claimed may be adjudicated, determined and enforced in one action which may be brought by any such lien claimant after the statement for such lien is filed in the office of the clerk of court, as herein provided, or such action may be brought by any owner or lessee of the property or any of it to be affected, or mortgagee or holder of any other encumbrance thereon. Such action shall be an equitable action for the purpose of determining the various rights, interest and liens of the various mechanics' lien claimants and claimants of other liens and owner of any interest in or leasehold upon said property and for enforcing the rights of any and all such persons in, to or against the property, being the lands and buildings and either of the same and for sale of such property, land and buildings or either of the same and for marshalling and distribution of the proceeds thereof among the parties according to their respective legal and equitable rights therein. Such action shall be an equitable action for the purpose of determining, establishing and enforcing the various and respective rights of the parties thereto and for the purpose of marshaling, applying and distributing the proceeds of the sale of such property that may be ordered and decreed in said action.
­­--------
(RSMo 1939 § 3570)
Prior revisions: 1929 § 3180; 1919 § 7240
(1967) Architects not entitled to mechanic's lien on building for preparation of plans and specifications. Henges Co. v. Doctor's North-Roads Building, Inc., 409 S.W.2d 489.
2023 Missouri Revised Statutes › Title XXVII - Debtor-Creditor Relations › Chapter 429 - Statutory Liens Against Real Estate › Section 429.280 - Parties to equitable action.

Title XXVII DEBTOR-CREDITOR RELATIONS
Chapter 429
• Effective - 28 Aug 1939
429.280. Parties to equitable action. —
1. All persons claiming any lien or encumbrance upon, and all persons having any rights in or against and all owners and lessees of said property to be affected and any of it, all as may be disclosed by the proper public records, shall be made parties to said action and parties whose interests are divers may join as plaintiffs therein, but if they do not join as plaintiffs, then they shall be made defendants.
2. Any person, lien claimant or other having any rights in, to, against or upon said property and any of it whose rights are not disclosed at the time of bringing said action by the proper record, shall be bound by the proceedings, orders and judgments in said actions, but any such person shall be entitled upon application to the court to be made a party to said action at any time before final disposition by the final judgment of the court therein of the proceeds of said property and shall be entitled according to their respective rights to participate in the proceeds of the sale of such property and any of it, as the same may be thereafter received or then remain under the jurisdiction of the court.
3. If at the commencement of said action any person whose rights are disclosed by the record is omitted as a party, he may thereafter be made party to said action either upon his own application or upon the application of any other party to said action or by the court of its own motion.
4. If any party to said action shall die or cease to exist during the pendency of said action before the judgment or order of sale therein of said property, then the proper representatives, either administrator or other proper successor in right, shall be substituted by order of the court upon motion and notice of motion without formal revivor of said action.
­­--------
(RSMo 1939 § 3571)
Prior revisions: 1929 § 3181; 1919 § 7241
2023 Missouri Revised Statutes › Title XXVII - Debtor-Creditor Relations › Chapter 429 - Statutory Liens Against Real Estate › Section 429.290 - Equitable action exclusive of other remedies.

Title XXVII DEBTOR-CREDITOR RELATIONS
Chapter 429
• Effective - 28 Aug 1939
429.290. Equitable action exclusive of other remedies. —
After any such equitable action is commenced, the same shall be exclusive of other remedies for the enforcement of mechanics' liens, but until such action is brought, the other remedies provided for in sections 429.010 to 429.340 shall remain and exist. And the procedure in any such equitable action, except as herein otherwise provided, shall be governed by the law and rules of procedure in civil actions generally.
­­--------
(RSMo 1939 § 3576)
Prior revisions: 1929 § 3186; 1919 § 7246
(1953) Where lien appears of record, the timely filing of a suit to enforce same may be treated as a cross bill to a previously filed equitable lien action and should be consolidated with such action on application or on court's own motion. E. C. Robinson Lumber Co. v. Baugher (A.), 258 S.W.2d 259.
2023 Missouri Revised Statutes › Title XXVII - Debtor-Creditor Relations › Chapter 429 - Statutory Liens Against Real Estate › Section 429.300 - Other actions stayed when equitable action brought.

Title XXVII DEBTOR-CREDITOR RELATIONS
Chapter 429
• Effective - 28 Aug 1939
429.300. Other actions stayed when equitable action brought. —
The equitable action above provided for shall be brought in the proper court of record regardless of the amount claimed by the plaintiff or plaintiffs in such action, and all other suits that may have been brought on any mechanic's lien claim or demand shall be stayed and no further prosecuted, and the parties in any such other suit shall be made parties to such equitable action as in the foregoing sections provided, and any costs rightfully accrued in behalf of any lien claimant in any such other action shall be and become a part of the lien claim of such party. After the institution of such equitable action no separate suit shall be brought upon any mechanic's lien or claim against said property, or any of it, but the rights of all persons shall be adjusted, adjudicated and enforced in such equitable suit.
­­--------
(RSMo 1939 § 3573)
Prior revisions: 1929 § 3183; 1919 § 7243
(1952) Where supplier of steel for housing project filed suit for equitable mechanic's lien in Jackson county, subsequent equity action filed by party to such mechanic's lien suit against plaintiff therein which involved same transactions should be dismissed. State ex rel. G. Lakes Steel Corp. v. Sartorius (Mo.), 249 S.W.2d 853.
2023 Missouri Revised Statutes › Title XXVII - Debtor-Creditor Relations › Chapter 429 - Statutory Liens Against Real Estate › Section 429.310 - Time suits deemed commenced.

Title XXVII DEBTOR-CREDITOR RELATIONS
Chapter 429
• Effective - 28 Aug 1959
429.310. Time suits deemed commenced. —
Any answer, or other pleading, or motion, or entry of appearance followed by pleading in due course, filed or made in any such equitable action by any mechanic's lien claimant, within six months after the preliminary statement for the lien of such claimant has been filed in the proper office therefor, as required by law, or, when filed, or made, at the time required by law on a summons in such equitable action, issued before or within such six-months' period within which suits on mechanics' liens including this equitable action are required to be commenced, provided such equitable action is still pending, shall be deemed a commencement of an action by such mechanic's lien claimant.
­­--------
(RSMo 1939 § 3577, A.L. 1959 S.B. 257 & 295)
Prior revisions: 1929 § 3187; 1919 § 7247
(1956) Where subcontractor, after filing notice of lien and statement and obtaining judgment against property owners, filed his answer and cross petition in equitable action brought against general contractor and others, all within 90 days after notice filed, he was entitled to lien although his amended answer was not filed within 90 days. Dierks & Sons Lbr. Co. v. McSorley (A.), 289 S.W.2d 164.
(1964) In suit in equity to enforce mechanic's lien where another lien claimant filed application asking for order joining claimant as party defendant and filed no further pleading, application was not timely commencement of action as required by sections 429.170 and 429.310 to preserve claimant's lien. Truog v. Elbel Construction Co. (A.), 374 S.W.2d 612.