According to Missouri statutes, "It shall be the duty of every contractor... within six months after the indebtedness shall have accrued to file with the clerk of the circuit court of the proper county a just and true account of the demand due him or them after all just credits have been given..." The Lien Claim filing must be verified by the oath of the lien claimant or some credible person for him.
Kansas City Missouri Lien Claim - Individual
Category:
State:
Missouri
City:
Kansas City
Control #:
MO-04-09
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Word;
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FAQ
Missouri Statute 429.005 et seq. grants general contractors, subcontractors, suppliers, and laborers the ability to assert a mechanic's lien for labor and materials provided to or incorporated into a property if the lien is properly filed within six months of the last date of work by the contractor/subcontractor.
Missouri law (R.S.Mo. 429.005. 1, et seq.) grants general contractors, subcontractors, suppliers, and laborers the ability to assert a mechanic's lien for labor and materials provided to a property, provided the lien is properly filed within six months of the last date of work (excluding warranty and corrective work).
In Missouri, the lien claimant must file the mechanics lien with the clerk of the circuit court in the county in which the property is located ? and provide the required preliminary notices. There is no requirement, however, that the lien be served on any party subsequent to its recording.
A subcontractor or supplier not in privity of contract with a property's owner must provide the owner with at least 10 days' written notice prior to filing a lien statement.
O If the lienholder is an individual, a notice of release (lien release section of DOR-4809) must be completed, signed, and notarized. An estate executor may release the lien by submitting the above with an original or certified copy of the probate court order.
To search for a lien filed by the Missouri Department of Revenue you may access or contact your county Record of Deeds office.
Unless sooner released or discharged, the lien shall expire ten years after the certificate of lien was filed, unless within such ten-year period, the certificate of lien has been refiled by the director of revenue with the recorder.
A judgment lien is one way to ensure that the person who won the judgment (the creditor) gets what he or she is owed. A judgment lien gives the creditor the right to be paid a certain amount of money from proceeds from the sale of the debtor's property.
Generally, a Missouri mechanics lien must be filed no later than 6 months after the claimant's last date of furnishing labor and/or materials to the project. However, liens asserted by equipment lessors must be filed no later than 60 days from the date the lessor removes the last piece of equipment from the property.
