Title XXVII — DEBTOR-CREDITOR RELATIONS

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 a…

429.010. Mechanics' and materialmen's lien, who may assert — extent of lien. — 1. Any person who shall do or perform any work or labor upon land, rent any machinery or equipment, or use any rental machinery or equipment, or furnish any material, fixtures, engine, boiler or machin…

429.012. Original contractor to have lien, when — requirements, failure to provide notice, penalty, exception — agents, insurance companies or escrow, accepting fraudulent lien waiver or false affidavit for gain, penalty. — 1. Every original contractor, who shall do or perform an…

429.013. Definitions — subcontractor to have lien, when — consent of owner, form — requirements — penalties for violation. — 1. The provisions of this section shall apply only to the repair or remodeling of or addition to owner-occupied residential property of four units or less.…

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…

429.015. Lien authorized for architectural, professional engineering, land survey, or landscape architecture — extent of lien — priority — defenses. — 1. Every registered architect or corporation registered to practice architecture, every registered professional engineer or corpo…

429.016. Residential real property — recording required, procedure — failure to record, effect of — form of notice — separate notice required, when — release of lien, procedure — waiver, when. — 1. The provisions of this section shall only apply to mechanic's liens asserted again…

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,…

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,…

429.032. Partial release when lien is on multiple lots or tracts — mechanic's lien claimant to file record in circuit court, content — form for partial release. — 1. When multiple lots, tracts or parcels are the subject of one mechanic's lien created by virtue of sections 429.010…

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 con…

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…

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, subseque…

429.070. Lien in case of licensed or leased property. — 1. Every building, erection, improvement and plant erected or constructed, and all materials, fixtures, engines, boilers, pumps, belting, pulleys, shafting, machinery and other personal property furnished, or placed on licen…

429.080. Lien filed with circuit clerk, when. — It shall be the duty of every original contractor, every journeyman and day laborer, including persons who use rented machinery or equipment in performing such work or labor, and every other person seeking to obtain the benefit of t…

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 c…

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 …

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 whi…

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 193…

[Repealed or reserved.]

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 expen…

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…

429.160. 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 thereo…

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 sai…

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 petit…

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…

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, an…

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 int…

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 …

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…

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 propert…

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…

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 orde…

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 an…

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 m…

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 4…

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 …

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 …

429.320. Appointment of referee by court, when — jury trials. — At the instance of any party to said action the court may appoint a referee to hear and report the evidence and to make conclusions and findings of fact and law therein and to report the same to the court for its fur…

429.330. No equitable action in case of one lien. — This equitable action shall not apply to instances in which there is only one mechanic's lien claimed against the property and any of it, but in any suit thereon the court shall determine the respective priorities as between suc…

429.340. Enforcement of decree ordering sale of property. — Upon sale and execution of deed for the property sold in such equitable action, either by special commissioner appointed to make said sale or by the sheriff or successor of such commissioner or sheriff, the court may ord…

429.350. Enforcement of mechanics' liens by associate circuit judge. — Associate circuit judges may exercise jurisdiction without special assignment in all actions brought to enforce mechanics' liens when the amount or balance claimed to be due does not exceed the monetary jurisd…

429.360. Suits for foreclosure, process, procedure — same as other civil suits. — The process, practice and procedure, including applications for trial de novo, in suits to enforce mechanics' liens which are heard by an associate circuit judge without special assignment shall be …

429.440. Lien on railroad property for work, labor, materials. — All persons who shall do any work or labor in constructing or improving the roadbed, rolling stock, station houses, depots, bridges or culverts of any railroad company, incorporated under the laws of this state, or …

429.450. Such lien to have precedence over other encumbrances. — The lien aforesaid shall attach to the buildings, erections, improvements, roadbed and property mentioned from the date of the commencement of such work and labor, or from the time such materials were furnished or d…

429.460. Account and claim of lien filed with circuit clerk, when — copy served. — It shall be the duty of all persons claiming the benefit of such lien, within ninety days next after the completion of the work, or after the materials are furnished, to file in the office of the c…

429.470. Lien abstracts, contents — duties of clerk. — It shall be the duty of the circuit clerk 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 amou…

429.480. Secretary of state to file lien in his office. — It shall be the duty of the secretary of state to file in his office such accounts and liens when received, and to prepare and keep in his office a book in which shall be entered an abstract of all accounts and liens filed…

429.490. Satisfaction filed, when. — Whenever any debt, which is a lien upon any building or other improvement, shall be paid and satisfied, the creditor, if required, shall file an acknowledgment of such satisfaction with the clerk of the circuit court, which satisfaction shall …

429.500. Refusal of parties to satisfy — penalty. — 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 costs of suit. ­­-------- (RSMo 1939 § 3605) Prior re…