Chapter 430 Statutory Liens Against Personalty - Preferred Claims

430.350 - Rights of sureties who pay bonds of insolvent or deceased principals.

Steven Groce, Attorney Advertisement

Whenever the principal in any bond given to the state of Missouri is insolvent, or whenever such principal being deceased, his estate and effects which come to the hands of his executor, administrator or assignee are insufficient for the payment of his debts, and in either of such cases, any surety on the bond, or the executor, administrator or assignee of such surety, pays to the state of Missouri the money due upon such bond, said surety, his executor or administrator or assignee, shall have the like priority for the recovery and receipt of the moneys out of the estate and effects of such insolvent or deceased principal as is secured to the state of Missouri, and may bring and maintain a suit upon the bond in law or equity in his own name for the recovery of all moneys paid thereon.

(RSMo 1939 § 3544)

Prior revisions: 1929 § 3154; 1919 § 7214; 1909 § 8210

430.250 - Liability for failure to pay hospital.

Any person or persons, firm or firms, corporation or corporations, including an insurance carrier, making any payment to such patient or to his attorneys or heirs or legal representatives as compensation for the injury sustained, after the receipt of such notice in accordance with the requirements of section 430.240, without paying to such hospital the amount of its lien or so much thereof as can be satisfied out of fifty percent of the moneys due to such patient under any final judgment or compromise or settlement agreement after paying the amount of attorneys' liens, federal and Missouri workers' compensation liens, and any prior liens, shall have a period of one year, after such settlement is made known to the hospital, from the date of payment to such patient or his heirs, attorneys or legal representatives, as aforesaid, be and remain liable to such hospital for the amount which such hospital was entitled to receive, as aforesaid, and any such association, corporation or other institution maintaining such hospital may, within such period, enforce its lien by a suit at law against such person or persons, firm or firms, corporation or corporations making any such payment.

(L. 1941 p. 371 § 111)

430.050 - Lien, how enforced.

The lien provided for in section 430.040 shall be enforced in the same manner and be governed by the same procedure as is provided in section 430.160, applicable to the enforcement of the lien for keeping or training horses and other animals.

(RSMo 1939 § 3611)

Prior revisions: 1929 § 3221; 1919 § 7281

430.150 - Lien for keeping or training horses and other animals.

Every person who shall keep, board or train any horse, mule or other animal, shall, for the amount due therefor, have a lien on such animal, and on any vehicle, harness or equipment coming into his possession therewith, and no owner or claimant shall have the right to take any such property out of the custody of the person having such lien, except with his consent or on the payment of such debt; and such lien shall be valid against said property in the possession of any person receiving or purchasing it with notice of such claim.

(RSMo 1939 § 3580)

Prior revisions: 1929 § 3190; 1919 § 7250; 1909 § 8238

(1959) Owner held liable for the reasonable value of feed and care, such as veterinary costs, hay and additional cost of pasturage furnished cattle by landowner under oral agreement for pasturage. Crouch v. Brookshire (A.), 330 S.W.2d 592.

430.405 - Suit to enforce lien, customer's alternatives — counterclaim, effect.

In any suit to enforce a lien under sections 430.400 to 430.407, the customer may be allowed to pay into court the amount claimed by the lienor, and such additional amount, to cover interest and costs, as the court may direct.In the alternative the customer may file a written undertaking, with two or more securities, to be approved by the court, to the effect that he will pay any judgment that may be recovered, together with costs, and on the payment of such money into the court, or the approval of such undertaking, the court shall order possession of the mold to be returned to the customer, and any money so paid shall be subject to the final decree of the court.In the event that a counterclaim is filed in any action described in sections 430.400 to 430.407 and that counterclaim is related to the work performed by the lienor, then the lienor shall be subject to the provisions of this section before any lien under sections 430.400 to 430.407 can be enforced.

(L. 1984 H.B. 975 § 3)

430.240 - Notice to be given.

No such lien shall be effective, however, unless a written notice containing the name and address of the injured person, the date of the accident, the name and location of the hospital and the name of the person or persons, firm or firms, corporation or corporations alleged to be liable to the injured party for the injuries received shall be sent by certified mail with return receipt requested to the person or persons, firm or firms, corporation or corporations, if known, alleged to be liable to the injured party, if known, for the injuries sustained prior to the payment of any moneys to such injured person, his attorneys or legal representative, as compensation for such injuries.Such hospital shall send by certified mail with return receipt requested a copy of such notice to any insurance carrier, if known, which has insured such person, firm or corporation against such liability.

(L. 1941 p. 371 § 11, A.L. 2012 S.B. 485)

430.340 - Liability of executors and administrators.

Every executor, administrator, assignee or other person who pays any debt due by the person or estate for whom or for which he acts before he satisfies and pays the debts due to the state of Missouri from such person or estate, shall become answerable in his own person and estate for the debt so due to the state of Missouri, or so much thereof as may remain due and unpaid.

(RSMo 1939 § 3543)

Prior revisions: 1929 § 3153; 1919 § 7213; 1909 § 8209

430.140 - Member of armed services — exemption.

No provision in sections 430.080 to 430.140 shall apply to any member of the armed services of the United States of America until six months after his discharge from said service.

(L. 1945 p. 1141 § 7)

430.040 - Vehicle or aircraft, part or equipment — horse, mule or other animal to remain in custody of person having lien.

1.No person shall have the right to take any vehicle or aircraft, or part or equipment thereof, or any horse, mule or other animal out of the custody of the person having the lien, except with the consent of the person, or upon paying the amount, lawfully due, for keep, storage, labor or material.

2.The lien shall be valid against the vehicle or aircraft, or part or equipment thereof, or against the horse, mule or other animal in the possession of any person receiving or purchasing the same, with notice of the lien claim; but the lien shall not take precedence over or be superior to any prior lien on the property, created by any financing statement on the same, duly perfected in accordance with the laws of this state, without the written consent of the secured party or the legal holder of the security agreement.

(RSMo 1939 § 3610, A.L. 1965 p. 114, A.L. 1983 H.B. 805)

Prior revisions: 1929 § 3220; 1919 § 7280

(1957) Common law artisan's lien for repairing truck held superior to the right of holder of conditional sales contract recorded in Florida to possession of truck but such superior lien does not extend to secure payment of storage charges. Mack Motor Truck Corp. v. Wolfe (A.), 303 S.W.2d 697.

430.135 - Chattels worth less than one hundred dollars deemed abandoned after year.

Chattels of a value not exceeding one hundred dollars, which are not redeemed within one year of the date agreed upon for redemption, shall be deemed abandoned to the lienor and thereafter the owner or depositor of the chattels shall be barred from the recovery of the chattels, or the value thereof, or of any damages growing out of the failure of the person to receive the chattels.

(L. 1959 S.B. 285 § 430.131)

430.235 - Hospital liens to be valid against medical benefits paid to public assistance recipients.

Notwithstanding the provisions of section 430.230, every public hospital or clinic, and every privately maintained hospital, clinic or other institution for the care of the sick, which is supported in whole or in part by charity, located within the state of Missouri, or any such hospital duly incorporated under the laws of Missouri providing for the incorporation of eleemosynary institutions, shall have a lien upon any and all claims, counterclaims, demands, suits, or rights of action of any person admitted to any hospital, clinic or other institution and receiving treatment, care or maintenance therein for any cause including any personal injury sustained by such person as the result of the negligence or wrongful act of another, which such injured person may have, assert or maintain against the person or persons causing such injury for damages on account of such injury, for the cost of such services, computed at reasonable rates not to exceed the customary charges for the services and the customary charges for necessary X-ray, laboratory, operating room and medication services as such hospital, clinic or other institution shall render such injured person on account of his conditions.The lien set forth in this section shall not be applied or considered valid against anyone coming under the workers' compensation law in this state.The lien set forth in this section shall be considered valid and may be applied against medical benefits paid anyone under the provisions of chapter 208, whether such benefits are paid from state or federal funds, or a combination thereof.

(L. 1981 H.B. 901 § 2)

Effective 6-16-81

430.160 - Enforcement of liens.

The lien provided for in section 430.150 shall be enforced as follows:The person claiming the lien shall file in circuit court, before a circuit or associate circuit judge, in the county in which he resides, a statement duly verified by himself, his agent or attorney, setting forth his account and a description of the property on which the lien is claimed, and thereupon the court shall issue a summons, as in ordinary civil actions, returnable forthwith; and upon a return of the summons, duly served, shall set the cause for hearing at any time after the lapse of one day.If summons be returned "defendant not found", and if it be proved to the satisfaction of the court that the defendant is not a resident of the county, the court shall order a notice of the proceedings to be published for three successive days, in a daily newspaper, if one be published in the county, and if there be none, then once in a weekly, if such be published in the county; and if no paper be published in the county, then by six handbills put up in six public places in the county, notifying the defendant of the filing and the particulars of the account, the description of the property on which the lien is claimed, its whereabouts, and the day and place set for the hearing of the cause, which shall be at least ten days from the day of the last publication of the notice or the posting thereof; and the proof of such publication or of the posting of such notice shall be filed in the court on or before the day of trial.When the defendant shall have been summoned or notified as aforesaid, the cause shall, on the day fixed for trial, be tried as any ordinary case before an associate circuit judge or a circuit judge, as the case may be.If the judgment be for the plaintiff, the court shall order the property upon which the lien shall have been found to exist to be sold to satisfy the same.If the lien be not established, and the defendant shall not have been summoned, or shall not have voluntarily appeared to the action, the cause shall be dismissed at the cost of the plaintiff.If the defendant shall have been summoned, or shall have appeared to the action, and the plaintiff shall have established an indebtedness on the account sued on, but shall have failed to establish the lien claimed, the judgment shall be for the plaintiff for such indebtedness, but the cost of suit, or any part thereof, may be taxed against him.

(RSMo 1939 § 3581, A.L. 1945 p. 1140, A.L. 1978 H.B. 1634)

Prior revisions: 1929 § 3191; 1919 § 7251; 1909 § 8239

Effective 1-02-79

430.060 - Proceedings governed by laws concerning replevin where not specifically provided.

All proceedings under sections 430.010 to 430.070, where not herein otherwise specifically provided, shall be governed by the general laws of the state concerning replevin.

(RSMo 1939 § 3612)

Prior revisions: 1929 § 3222; 1919 § 7282

430.360 - Wages — payable when — priority of claim for.

1.All corporations shall make payment to their employees and other operatives, of wages due for all labor and services performed by them, within three months next preceding a demand made therefor, not exceeding one hundred dollars, in preference to any other claim, debts or demands whatsoever, not secured by specific liens on property; and such priority of payment may be enforced by civil action.

2.Payment of wages shall be made on or before the fifteenth day of each month for the full amount of all wages earned previous to the first day of that month, with interest at six percent, if not paid, to be added to the amount of said wages when paid or recovered by suit.

3.All debts due employees or operatives for wages of their labor shall have priority of payment from the money and assets of the corporations in the hands of officers or agents or any receiver or assignee, over every other claim not specifically secured.

4.Every corporation, officer, agent, receiver, assignee, or person holding money or assets, refusing to recognize the priority of employees' claims, shall be liable to such employees for the amount of all loss and damages occasioned by his unlawfully withholding the money.

(RSMo 1939 § 5063)

Prior revisions: 1929 § 4587; 1919 § 9779; 1909 § 3019

CROSS REFERENCE:

Laborers and servants preferred creditors, when, 513.055 to 513.065

430.170 - Owner to advertise terms — publication imparts notice.

The owner or keeper of any stallion, jack or bull may advertise the terms upon which he will let any such animal to service, by publication thereof in some newspaper of the county where such animal is kept, for sixty days during the season of each year, or by printed handbills conspicuously posted during such period, in four or more public places in said county, including the place where such animal is kept; and the publication or posting as aforesaid of the terms of such service shall impart notice thereof to the owner of any female animal served by such stallion, jack or bull during any such season; and in all actions and controversies in respect to the foal or other product of such service, the owner of such female animal so served shall be deemed to have accepted and assented to said terms, when so advertised and published or posted as provided herein.

(RSMo 1939 § 3582)

Prior revisions: 1929 § 3192; 1919 § 7252; 1909 § 8240

430.225 - Definitions — distribution of insurance proceeds — limitation on liability.

1.As used in sections 430.225 to 430.250, the following terms shall mean:

(1)"Claim", a claim of a patient for:

(a)Damages from a tort-feasor; or

(b)Benefits from an insurance carrier;

(2)"Clinic", a group practice of health practitioners or a sole practice of a health practitioner who has incorporated his or her practice;

(3)"Health practitioner", a chiropractor licensed pursuant to chapter 331, a podiatrist licensed pursuant to chapter 330, a dentist licensed pursuant to chapter 332, a physical therapist licensed under chapter 334, a physician or surgeon licensed pursuant to chapter 334, or an optometrist licensed pursuant to chapter 336, while acting within the scope of their practice;

(4)"Insurance carrier", any person, firm, corporation, association or aggregation of persons conducting an insurance business pursuant to chapter 375, 376, 377, 378, 379, 380, 381, or 383;

(5)"Other institution", a legal entity existing pursuant to the laws of this state which delivers treatment, care or maintenance to patients who are sick or injured;

(6)"Patient", any person to whom a health practitioner, hospital, clinic or other institution delivers treatment, care or maintenance for sickness or injury caused by a tort-feasor from whom such person seeks damages or any insurance carrier which has insured such tort-feasor.

2.Clinics, health practitioners and other institutions, as defined in this section, shall have the same rights granted to hospitals in sections 430.230 to 430.250.

3.If the liens of such health practitioners, hospitals, clinics or other institutions exceed fifty percent of the amount due the patient, every health care practitioner, hospital, clinic or other institution giving notice of its lien, as aforesaid, shall share in up to fifty percent of the net proceeds due the patient, in the proportion that each claim bears to the total amount of all other liens of health care practitioners, hospitals, clinics or other institutions."Net proceeds", as used in this section, means the amount remaining after the payment of contractual attorney fees, if any, and other expenses of recovery.

4.In administering the lien of the health care provider, the insurance carrier may pay the amount due secured by the lien of the health care provider directly, if the claimant authorizes it and does not challenge the amount of the customary charges or that the treatment provided was for injuries caused by the tort-feasor.

5.Any health care provider electing to receive benefits hereunder releases the claimant from further liability on the cost of the services and treatment provided to that point in time.

(L. 1999 H.B. 343, A.L. 2003 H.B. 121, A.L. 2006 S.B. 1057)

430.120 - Failure to deliver excess proceeds — penalty.

Any lienor failing or refusing to deliver to said treasurer the excess proceeds of sale together with a sworn statement as required in section 430.110 within thirty days after such sale, shall be liable for double the excess proceeds of said sale, to be recovered in any court of competent jurisdiction by civil action.

(L. 1945 p. 1141 § 6)

430.020 - Liens for storage, materials and labor on vehicles or aircraft — nonpossessory liens on aircraft for labor and material, procedure — failure to file with aircraft registry, purchaser prevails.

Every person who shall keep or store any vehicle or part or equipment thereof, shall, for the amount due therefor, have a lien; and every person who furnishes labor or material on any vehicle or part or equipment thereof, who shall obtain a written memorandum of the work or material furnished, or to be furnished, signed by the owner of the vehicle, or part or equipment thereof, and every person who furnishes labor or material on any aircraft or part or equipment thereof, who shall obtain a written memorandum of the work or material furnished, or to be furnished, signed by the owner, authorized agent of the owner, or person in lawful possession of the aircraft or part or equipment thereof, shall have a lien for the amount of such work or material as is ordered or stated in such written memorandum.Such liens shall be on the vehicle or aircraft, or part or equipment thereof, as shall be kept or stored, or be placed in the possession of the person furnishing the labor or material; provided, however, the person furnishing the labor or material on the aircraft or part or equipment thereof may retain the lien after surrendering possession of the aircraft or part or equipment thereof by filing a statement in the office of the county recorder of the county where the owner of the aircraft or part or equipment thereof resides, if known to the claimant, and in the office of the county recorder of the county where the labor or material was furnished.Such statement shall be filed within one hundred eighty days after surrendering possession of the aircraft or part or equipment thereof and shall state the claimant's name and address, the items on account, the name of the owner and a description of the property, and shall not bind a bona fide purchaser unless said lien has also been filed with the Federal Aviation Administration Aircraft Registry.

(RSMo 1939 § 3608, A.L. 1983 H.B. 805, A.L. 1988 H.B. 950 & 1361, A.L. 2012 H.B. 1150 merged with H.B. 1909 merged with S.B. 485 )

Prior revisions: 1929 § 3218; 1919 § 7278

(1953) Common law liens were not abolished by this law but were enlarged upon so that, upon compliance with this section, the lien continues, as against a purchaser with notice, after lien holder had parted with possession.State ex rel. Rueseler Motor Co. v. Klaus (A.), 263 S.W.2d 71.

(1959) Artisan's lien for repair of motor vehicle is superior to prior recorded chattel mortgage under Missouri decisions.Gale and Co. v. Hooper (A.), 323 S.W.2d 824.

(1962) In action for replevin of automobile by plaintiff holding note and mortgage thereon, it was not necessary to determine whether defendant pleaded a common law lien for repairs and storage or a statutory lien since under its general denial defendant could show any facts tending to disprove plaintiff's asserted right to immediate possession.Monarch Loan Co. v. Anderson Transmission Service (A.), 361 S.W.2d 328.

(1967) Common law liens have not been abolished by virtue of the enactment of this section, but have been enlarged in effect.Jackson v. Kusmer (A.), 411 S.W.2d 257.

430.220 - Judgment, amount, how enforced.

Upon the rendition of judgment, if for the lienor, it shall be for the sum found to be due, with costs of suit, and that the lien be enforced against the property by execution and sale as in ordinary sales under execution, but if such finding be for defendant, judgment shall be entered in his favor as in ordinary actions of replevin.

(RSMo 1939 § 3587, A.L. 1978 H.B. 1634)

Prior revisions: 1929 § 3197; 1919 § 7257; 1909 § 8245

Effective 1-02-79

430.030 - Lien, for labor or material furnished, on horse, mule or other animal.

1.Every person who furnishes labor or material on any horse, mule or other animal, who shall obtain a written memorandum of the work or material furnished, or to be furnished, signed by the owner of such horse, mule or other animal, shall have a lien for the amount of such work or material as is ordered or stated in such written memorandum.

2.Such lien shall be on such horse, mule or other animal as shall be placed in the possession of the person furnishing the labor or material; provided, however, that for labor and material furnished on more than one horse, mule or other animal belonging to the same owner, the person furnishing such labor and material may, at his option, have a lien on any one or more of such horses, mules or other animals for the amount of labor and material furnished on all of such horses, mules and other animals belonging to such owner.

(RSMo 1939 § 3609)

Prior revisions: 1929 § 3219; 1919 § 7279

430.130 - Actions against lienors barred.

Conformity to the requirements of sections 430.080 to 430.140 shall be a perpetual bar to any action against such lienor by any person for the recovery of such chattels or the value thereof, or of any damages growing out of the failure of such person to receive such chattels.

(L. 1945 p. 1141 § 5)

430.330 - State's claim paramount — exceptions.

Whenever any person indebted to the state of Missouri is insolvent, or whenever the estate of any deceased debtor in the hands of the executors or administrators is insufficient to pay all the debts due from the deceased, the debts due to the state of Missouri shall be first satisfied, and the priority hereby established shall extend as well to cases in which a debtor not having sufficient property to pay all his debts makes a voluntary assignment thereof, or in which the estate and effects of an absconding, concealed or absent debtor are attached by process of law, as to cases in which an act of bankruptcy is committed; provided, that nothing in sections 430.330 to 430.350 contained shall be construed to interfere with the priority of the United States as secured by law, or with the priority for the payment of claims in decedents' estates as prescribed by section 473.397.

(RSMo 1939 § 3542, A.L. 1980 S.B. 637)

Prior revisions: 1929 § 3152; 1919 § 7212; 1909 § 8208

Effective 1-01-81

CROSS REFERENCES:

Assessments, forfeitures under banking laws, priority on insolvency of corporation, 361.190

Benefit assessments for special road districts, lien on property, 233.225, 233.240, 233.370

430.230 - Hospitals to have liens — when, against whom.

Every public hospital or clinic, and every privately maintained hospital, clinic or other institution for the care of the sick, which is supported in whole or in part by charity, located within the state of Missouri, or any such hospital duly incorporated under the laws of Missouri providing for the incorporation of eleemosynary institutions, shall have a lien upon any and all claims, counterclaims, demands, suits, or rights of action of any person admitted to any hospital, clinic or other institution and receiving treatment, care or maintenance therein for any cause including any personal injury sustained by such person as the result of the negligence or wrongful act of another, which such injured person may have, assert or maintain against the person or persons causing such injury for damages on account of such injury, for the cost of such services, computed at reasonable rates not to exceed twenty-five dollars per day and the reasonable cost of necessary X-ray, laboratory, operating room and medication service, as such hospital, clinic, or other institution shall render such injured person on account of his conditions; provided further, that the lien herein set forth shall not be applied or considered valid against anyone coming under the workers' compensation law in this state.

(L. 1941 p. 371 § 1, A.L. 1971 H.B. 552)

(1989)Because a wrongful death settlement is for the use and benefit of those who sue or are entitled to sue and because wrongful death is not a claim or cause of action brought on the part of the injured person, a hospital lien does not attach the settlement of a wrongful death claim.American Family Mutual Insurance Company v. Ward, 774 S.W.2d 135 (Mo. banc).

430.165 - Lien for the care of animals lawfully impounded, who entitled to.

1.Any animal lawfully impounded under the laws of this state or ordinances of any of its political subdivisions may be placed by the impounding officer in the care of any incorporated humane society or other responsible person designated by the impounding authority.

2.Any incorporated humane society or other person designated to care for an animal under the provisions of subsection 1 shall be entitled to a lien on the animal for the reasonable cost of the care of the animal, as provided in sections 430.150 and 430.160.

(L. 1963 p. 646 § 1)

430.082 - Motor vehicles, trailers, vessels, outboard motors, aircraft liens for labor, material or storage, when — nonpossessory lien on aircraft, procedure — lien title obtained, when, procedure — sale of chattel, when — distribution of proceeds.

1.Every person expending labor, services, skill or material upon any motor vehicle or trailer, as defined in chapter 301, vessel, as defined in chapter 306, outboard motor, or aircraft, or part or equipment of an aircraft, at a written request of its owner, authorized agent of the owner, or person in lawful possession thereof, or who provides storage for a motor vehicle, trailer, outboard motor or vessel, at the written request of its owner, authorized agent of the owner, or person in lawful possession thereof, or at the written request of a peace officer in lieu of the owner or owner's agent, where such owner or agent is not available to request storage thereof, shall, where the maximum amount to be charged for labor, services, skill or material has been stated as part of the written request or the daily charge for storage has been stated as part of the written request, have a lien upon the chattel beginning upon the date of commencement of the expenditure of labor, services, skill, materials or storage for the actual value of all the expenditure of labor, services, skill, materials or storage until the possession of that chattel is voluntarily relinquished to the owner, authorized agent, or one entitled to possession thereof.The person furnishing labor, services, skill or material upon an aircraft or part or equipment thereof, may retain the lien after surrendering possession of the aircraft or part or equipment thereof, by filing a statement in the office of the county recorder of the county where the owner of the aircraft or part or equipment thereof, resides, if known to the claimant, and in the office of the county recorder of the county where the claimant performed the services.Such statement shall be filed within one hundred eighty days after surrendering possession of the aircraft or part or equipment thereof and shall state the claimant's name and address, the items on account, the name of the owner and a description of the property, and shall not bind a bona fide purchaser unless the lien has also been filed with the Federal Aviation Administration Aircraft Registry.

2.If the chattel is not redeemed within forty-five days of the completion of the requested labor, services, skill or material, the lienholder may apply to the director of revenue for a certificate of ownership or certificate of title.

3.If the charges are for storage or the service of towing the motor vehicle, trailer, outboard motor or vessel, and the chattel has not been redeemed within forty-five days after the charges for storage commenced, the lienholder shall notify by certified mail, postage prepaid, the owner and any lienholders of record other than the person making the notification, at the person's last known address that application for a lien title will be made unless the owner or lienholder within thirty days makes satisfactory arrangements with the person holding the chattel for payment of storage or service towing charges, if any, or makes satisfactory arrangements with the lienholder for paying such charges or for continued storage of the chattel if desired.Thirty days after the notification has been mailed and the chattel is unredeemed, or the notice has been returned marked "not fowardable" or "addressee unknown", and no satisfactory arrangement has been made with the lienholder for payment or continued storage, the lienholder may apply to the director of revenue for a certificate of ownership or certificate of title as provided in this section.

4.The application shall be accompanied by:

(1)The original or a conformed or photostatic copy of the written request of the owner or the owner's agent or of a peace officer with the maximum amount to be charged stated therein;

(2)An affidavit from the lienholder that written notice was provided to all owners and lienholders of the applicants' intent to apply for a certificate of ownership and the owner has defaulted on payment of labor, services, skill or material and that payment is forty-five days past due, or that owner has defaulted on payment or has failed to make satisfactory arrangements for continued storage of the chattel for thirty days since notification of intent to make application for a certificate of ownership or certificate of title.The affidavit shall be accompanied by a copy of the thirty-day notice given by certified mail to any owner and person holding a valid security interest and a copy of the certified mail receipt indicating that the owner and lienholder of record was sent a notice as required in this section;

(3)A statement of the actual value of the expenditure of labor, services, skill or material, or the amount of storage due on the date of application for a certificate of ownership or certificate of title, and the amount which is unpaid; and

(4)A fee of ten dollars.

5.If the director is satisfied with the genuineness of the application, proof of lienholder notification in the form of a certified mail receipt, and supporting documents, and if no lienholder or the owner has redeemed the chattel or no satisfactory arrangement has been made concerning payment or continuation of storage, and if no owner or lienholder has informed the director that the owner or lienholder demands a hearing as provided in this section, the director shall issue, in the same manner as a repossessed title is issued, a certificate of ownership or certificate of title to the applicant which shall clearly be captioned "Lien Title".

6.Upon receipt of a lien title, the holder shall within ten days begin proceedings to sell the chattel as prescribed in section 430.100.

7.The provisions of section 430.110 shall apply to the disposition of proceeds, and the lienholder shall also be entitled to any actual and necessary expenses incurred in obtaining the lien title, including, but not limited to, court costs and reasonable attorney's fees.

(L. 1972 H.B. 1188, A.L. 1981 H.B. 138, A.L. 1983 H.B. 805, A.L. 1984 H.B. 1045, A.L. 1988 H.B. 950 & 1361, A.L. 1988 H.B. 1711, A.L. 1995 H.B. 217, A.L. 2009 H.B. 269, A.L. 2012 H.B. 1150 merged with H.B. 1909 merged with S.B. 485)

430.210 - Lienor may proceed by replevin.

For the purpose of enforcing such lien upon default in the payment of the sum secured, the lienor may proceed by replevin in any court of competent jurisdiction and possess himself of the encumbered property, and hold the same subject to such judgment as he shall recover.

(RSMo 1939 § 3586)

Prior revisions: 1929 § 3196; 1919 § 7256; 1909 § 8244

430.010 - Definition of vehicle.

The word "vehicle", as used in sections 430.010 to 430.070, means vehicles drawn by horses and other animals, motor vehicles, and boats or craft used or capable of being used as a means of transport on water.Any machinery used as the principal source of propulsion for a boat or craft is part of or equipment of the boat or craft.

(RSMo 1939 § 3613, A.L. 1981 H.B. 138)

Prior revisions: 1929 § 3223; 1919 § 7283

430.110 - Sale of articles — disposition of proceeds — excess to general revenue subject to reclamation by owner.

1.If the chattel or chattels are not redeemed prior to the date of sale* provided in the notice required by section 430.100, the lienor may sell such articles on the day and at the place specified in such notice.The proceeds shall be distributed in the following order:

(1)To the satisfaction of the seller's lien and the necessary expenses of advertising as provided in section 430.100;

(2)To the satisfaction of any prior lien on the chattel created by any financing statement on the same, duly perfected in accordance with the laws of this state;

(3)The excess, if any, shall thereupon be deposited with the county treasurer, or city treasurer in the city of St. Louis, together with a sworn statement containing the name of the owner, description of the article, amount of lien, the amount paid to any prior lienholders, sale price, name of purchaser, cost and manner of advertising.

2.The said treasurer shall credit such excess to the general revenue fund of the county, or the city of St. Louis, subject to the right of the owner or his representative to reclaim the same at any time within three years of the date of such deposit with the treasurer, after presentation of proper evidence of ownership and obtaining an order of the county commission, or comptroller of the city of St. Louis, directed to said treasurer for the return of said excess deposit.

(L. 1945 p. 1141 § 4, A.L. 1972 H.B. 1188)

*Word "same" appears in original rolls.

430.400 - Definitions.

As used in sections 430.400 to 430.407, the following terms mean:

(1)"Customer", any individual or entity who causes a plastic fabricator to fabricate, cast or otherwise make a die, mold, form, or pattern; or who causes a plastic fabricator to use a die, mold, form or pattern to manufacture, assemble, or otherwise make a plastic product;

(2)"Plastic fabricator", any individual or entity who fabricates, casts or otherwise makes a die, mold, form or pattern; or who uses a die, mold, form or pattern to manufacture, assemble, or otherwise make a plastic product.

(L. 1984 H.B. 975 § 1)

430.200 - Giving false pedigree forfeits claim.

If any keeper of such stallion, jack or bull shall offer and advertise to let the service of any such animal, and shall give a false or fictitious pedigree, knowing the same to be false, or shall falsely represent said animal to be recorded or eligible to record in any of the various books of record kept for recording animals of that breed, he shall forfeit all claim to the value of the services rendered by any such animal, and shall not be entitled to the benefits of any provision of sections 430.150 to 430.220.

(RSMo 1939 § 3585)

Prior revisions: 1929 § 3195; 1919 § 7255; 1909 § 8243

430.100 - Sale — notice — liens combined.

1.Such sale shall be held only after giving not less than twenty days' notice, first, by mailing a copy of notice, by registered mail, if the address is known, addressed to the owner for whom such expenditure of labor, material, skill or services are performed, in which case a return receipt shall be evidence of due notice; second by not less than two publications in some newspaper of general circulation where the property was received and is to be sold, the last publication to be not less than twenty days prior to the date of sale; third, if no newspaper be published within the county, then by posting, not less than twenty days prior to the date of sale, five handbills in different places within the township, one of which shall be posted where the property was received and is to be sold.

2.The form of notice shall be substantially as follows:

NOTICE
Notice is hereby given that on (insert date), a sale will be held at (insert place), to sell the following articles to enforce a lien existing under the laws of the State of Missouri against such articles for labor, services, skill or material expended upon such articles at the request of the following designated persons, unless such articles are redeemed prior to the date of said sale:
Name of OwnerDescription of ArticleAmount of lien
______________________________________________________
______________________________________________________
__________________
Name of Lienor

3.A separate notice need not be published for each lien to be enforced, but several may be combined in one publication.

(L. 1945 p. 1141 § 3)

430.090 - Sale of unredeemed chattels.

Unless the chattel is redeemed within three months of the completion of the expenditure of such labor, services, skill, or material, or within three months of the date agreed upon for redemption, the lien may be enforced by a sale as herein provided.

(L. 1945 p. 1141 § 2)

430.180 - Publication or posting terms of service sufficient notice of lien on offspring.

When the terms of the service by the animal, published or posted as provided in section 430.170, provides that the foal or other product of the service will be held for the money due for the service of the stallion, jack or bull, then and in that event the owner or keeper of the animal shall have a lien for the sum on the offspring of any female animal served, for the period of one year after the birth thereof.The lien shall be preferred to any prior lien, encumbrance or security agreement whatever; and the publication or posting as aforesaid of the terms of the service shall be deemed notice to any third party of the existence of the lien.

(RSMo 1939 § 3583, A.L. 1965 p. 114)

Prior revisions: 1929 § 3193; 1919 § 7253; 1909 § 8241

430.080 - Lien on chattels for labor and materials.

Every person expending labor, services, skill or material upon any chattel at the request of its owner, authorized agent of the owner, or lawful possessor thereof, in the amount of twenty-five dollars or less, shall have a lien upon such chattel beginning upon the date of commencement of such expenditure of labor, services, skill, or materials for the contract price for all such expenditure of labor, services, skill, or material, until the possession of such chattel is voluntarily relinquished to such owner or authorized agent, or to one entitled to the possession thereof.

(L. 1945 p. 1141 § 1)

430.403 - Plastic fabricator's lien on die, mold, form, pattern — fabricator to retain possession, when — priority of lien.

Every plastic fabricator shall have a lien dependent on possession on any die, mold, form or pattern in his possession belonging to the customer for the amount due from such customer for plastic fabrication work performed upon the die, mold, form or pattern.A plastic fabricator may retain possession of the die, mold, form or pattern until such amount due is paid or until such time as* the customer has posted with the clerk of the circuit court of the county in which the mold is located a bond in an amount equal to the amount in dispute.Such lien shall have priority over any other unperfected security interest or right in or to the mold, die, form or pattern.

(L. 1984 H.B. 975 § 2)

*Word "as" does not appear in original rolls.

430.407 - Sale proceeds — excess — insufficiency — violation of patent or copyright prohibited — release of mold, when.

1.If the sale is for a sum greater than the amount of the lien, any excess shall be paid to the customer and any prior lienholder.In the event that the proceeds of the sale are insufficient to satisfy the lien, the plastic fabricator shall be entitled to a personal judgment for the deficiency against the customer.

2.No sale shall be made under sections 430.400 to 430.407 if it would be in violation of any right of a customer under federal patent or copyright law, but the judge may order the customer to fully satisfy his indebtedness to the plastic fabricator prior to release of the mold to the customer.