Mechanics Lien Filing Package — Missouri

Mechanics Lien Filing Package (Missouri)

Quick-Reference Summary

The general six-month filing period under § 429.080 and the six-month enforcement period under § 429.170 require careful calculation. Section 429.080 provides a separate 60-day filing period for equipment or machinery rented to others. Robertson Plastering Co. v. Altman, 430 S.W.2d 169 (Mo. 1968).

Part A — Pre-Lien Notices

A-1. Original Contractor § 429.012 Notice to Owner (REQUIRED for GC lien rights)

NOTICE TO OWNER

FAILURE OF THIS CONTRACTOR TO PAY THOSE PERSONS SUPPLYING MATERIAL OR SERVICES TO COMPLETE THIS CONTRACT CAN RESULT IN THE FILING OF A MECHANIC'S LIEN ON THE PROPERTY WHICH IS THE SUBJECT OF THIS CONTRACT PURSUANT TO CHAPTER 429, RSMo. TO AVOID THIS RESULT YOU MAY ASK THIS CONTRACTOR FOR "LIEN WAIVERS" FROM ALL PERSONS SUPPLYING MATERIAL OR SERVICES FOR THE WORK DESCRIBED IN THIS CONTRACT. FAILURE TO SECURE LIEN WAIVERS MAY RESULT IN YOUR PAYING FOR LABOR AND MATERIAL TWICE.

Received by Owner: ____________________________________ Date: [__/__/____]

A-2. Consent of Owner — Owner-Occupied Residential 4 Units or Less (REQUIRED for subs/suppliers on existing residential repairs/remodels)

CONSENT OF OWNER

CONSENT IS HEREBY GIVEN FOR FILING OF MECHANIC'S LIENS BY ANY PERSON WHO SUPPLIES MATERIALS OR SERVICES FOR THE WORK DESCRIBED IN THIS CONTRACT ON THE PROPERTY ON WHICH IT IS LOCATED IF THEY ARE NOT PAID.

Owner: ____________________________________ Date: [__/__/____]
Owner: ____________________________________ Date: [__/__/____]

A-3. Ten-Day Pre-Lien Notice (Subcontractors, Suppliers, Equipment Lessors)

TO: [Owner Name]
[Owner Address]

FROM (Claimant):
Name: [________________________________]
Address: [________________________________]

Re: [Property Address] — Notice Pursuant to RSMo § 429.100

The undersigned hereby gives you notice that the undersigned holds a claim against the above-described building/improvement located at [________________________________] in the amount of $[____] for labor and/or materials furnished under a contract with [________________________________].

This notice is given at least ten (10) days prior to the filing by the undersigned of a mechanic's lien against the property described above pursuant to Chapter 429, RSMo.

Date of this notice: [__/__/____]

____________________________________
[Claimant Signature], [Title]

Affidavit of Service:

I, [________________________________], being duly sworn, state that I am a competent witness and that on [__/__/____] I served the foregoing 10-Day Notice on [Owner Name] by [DESCRIBE SERVICE AND PLACE]. If served by an authorized officer, attach that officer's official return instead.

____________________________________
Affiant Date: [__/__/____]

Subscribed and sworn before me this [____] day of [____________], [____].

____________________________________
Notary Public — Commission expires: [__/__/____]

Part B — Mechanic's Lien Statement

IN THE CIRCUIT COURT OF [________________________________] COUNTY, MISSOURI

MECHANIC'S LIEN STATEMENT

(Pursuant to RSMo § 429.080)

1. Claimant (Lien Claimant):

Name: [________________________________]
Address: [________________________________]
City: [________________________________] State: MO ZIP: [____]
Phone: [________________________________]

2. Owner of the Property:

Name: [________________________________]
Address: [________________________________]

3. Contractor (if claimant is not the original contractor):

Name: [________________________________]
Address: [________________________________]

4. Description of the property (sufficient to identify; attach Exhibit A for full legal description):

Street address: [________________________________]
County: [________________________________]
Legal description / lot: [________________________________]
Tax parcel: [________________________________]

5. Just and true account of the demand due claimant, after all just credits:

6. Date claimant first furnished labor or materials: [__/__/____]

7. Date claimant last furnished labor or materials: [__/__/____]

8. Statutory filing deadline under RSMo § 429.080 (select the applicable route):

☐ General lien claimant: six (6) months after the indebtedness accrued = [__/__/____]

☐ Rental equipment or machinery rented to others: sixty (60) days after the date the last equipment or machinery was removed from the property = [__/__/____]

9. Attachments: ☐ Copy of contract (required for new residential 1-4 units) ☐ Itemized invoices ☐ Affidavit of 10-day notice service (subs only)

Verification:

State of Missouri, County of [________________________________], ss:

[________________________________], being first duly sworn, states that he/she is the [position] of Claimant and is duly authorized to file this lien; that he/she has read the foregoing Mechanic's Lien Statement and that the matters and facts stated are true and correct to the best of his/her knowledge, information, and belief; and that the account is a just and true account of the demand due after all just credits.

____________________________________
[Affiant] Date: [__/__/____]

Subscribed and sworn before me this [____] day of [____________], [____].

____________________________________
Notary Public — Commission expires: [__/__/____]

Part C — Notice of Filing Lien Claim to Owner

[Claimant Letterhead]

[__/__/____]

VIA CERTIFIED MAIL — RETURN RECEIPT REQUESTED

[Owner Name]
[Owner Address]

Re: Notice of Filing of Mechanic's Lien — [Property Address]

Dear [Owner]:

Please be advised that on [__/__/____], the undersigned filed a Mechanic's Lien Statement in the Circuit Court of [____] County, Missouri (Case/File No. [____]) against the above-referenced property in the amount of $[____] for labor and/or materials furnished by the undersigned between [__/__/____] and [__/__/____].

A copy of the filed Mechanic's Lien Statement is enclosed for your records.

Pursuant to RSMo § 429.170, the undersigned must file suit to enforce the lien within six (6) months after the filing of this Statement, on or before [__/__/____]. We invite you to contact the undersigned to discuss payment and avoid litigation.

Sincerely,

____________________________________
[Claimant / Counsel]
[Address / Phone / Email]

Enclosure: Filed Mechanic's Lien Statement

Part D — Petition to Enforce Mechanic's Lien

IN THE CIRCUIT COURT OF [________________________________] COUNTY, MISSOURI

Case No. [____] | Division [____]

PETITION TO ENFORCE MECHANIC'S LIEN

(RSMo §§ 429.080, 429.170)

Parties and Jurisdiction

1. Plaintiff [Claimant] is a [corporation / LLC / individual] with its principal place of business at [________________________________].

2. Defendant [Owner] is the record owner of real property at [________________________________] in [____] County, Missouri.

3. Defendant [Contractor] is the party with whom Plaintiff contracted.

4. Venue is proper under RSMo § 508.010 because the property is located in this county.

General Allegations

5. On [__/__/____], Plaintiff entered into a [written / oral] contract with [____] to furnish [labor / materials] for the improvement of the Property.

6. Plaintiff furnished labor and/or materials between [__/__/____] and [__/__/____].

7. There remains due and unpaid the sum of $[____].

8. [If GC:] On [__/__/____], Plaintiff delivered the § 429.012 Notice to Owner.

9. [If § 429.100 applies:] On [__/__/____], Plaintiff served the 10-day notice under RSMo § 429.100. [If § 429.013 applies:] Plaintiff obtained the Consent of Owner required by that section. [If § 429.016 applies:] Plaintiff recorded the Notice of Rights required by that section, if any; subsection 14 dispenses with the § 429.100 notice.

10. On [__/__/____], Plaintiff filed a Mechanic's Lien Statement in this Court as File No. [____].

Count I — Enforcement of Mechanic's Lien (RSMo § 429.170)

11. Plaintiff incorporates the foregoing paragraphs.

12. Plaintiff has fully complied with all conditions of Chapter 429, RSMo and is entitled to enforce its lien against the Property in the amount of $[____], plus interest, costs, and reasonable attorney's fees as allowed.

Count II — Breach of Contract (against [Contractor])

13. Plaintiff incorporates the foregoing paragraphs.

14. [Contractor] breached the contract by failing to pay $[____].

Prayer for Relief

WHEREFORE, Plaintiff prays the Court to:

a. Enter judgment establishing and enforcing Plaintiff's mechanic's lien against the Property in the amount of $[____];
b. Order the sale of the Property to satisfy the lien;
c. Enter judgment against [Contractor] for $[____] plus interest and costs;
d. Award reasonable attorney's fees where authorized; and
e. Grant such further relief as is just.

Dated: [__/__/____]

____________________________________
[Attorney Name], Mo. Bar No. [____]
[Firm Name]
[Address] | [Phone] | [Email]

Verification:

State of Missouri, County of [________________________________], ss:

I, [________________________________], being first duly sworn, state that I am authorized to verify this Petition on behalf of Plaintiff and that the allegations are true to the best of my knowledge and belief.

____________________________________
Affiant Date: [__/__/____]

Subscribed and sworn before me this [____] day of [____________], [____].

____________________________________
Notary Public — Commission expires: [__/__/____]

Part E — Pre-Filing Checklist

Eligibility & contract

☐ Claimant is within RSMo § 429.010 (contractor, sub, laborer, supplier, equipment lessor, landscaper) or another applicable section of Chapter 429 (design professionals under § 429.015)
☐ Property is private (no liens on public projects — separate bond claim process applies)
☐ If claimant rented equipment to another: improvements are on commercial property, claim exceeds $5,000, and written notice identifying the renter and equipment was provided to the owner within 15 business days after equipment use began (§ 429.010(2))

Pre-conditions for the original contractor

☐ § 429.012 Notice to Owner delivered before payment at a statutory delivery point: contract execution, materials delivery, work commencement, or first invoice

Pre-conditions for subcontractors / suppliers / design professionals

☐ For residential 4 units or less repair/remodel: Consent of Owner under § 429.013 obtained BEFORE work began
☐ For new construction residential 1-4 units: written contract obtained
☐ If § 429.100 applies, its 10-Day Notice was served at least 10 days before filing; § 429.016(14) dispenses with that notice for covered claimants
☐ Affidavit of service prepared and attached to lien filing

Mechanic's Lien Statement (Part B)

☐ Itemized "just and true account" with NO non-lienable items
☐ All credits applied
☐ Last-furnishing date confirmed by job records
☐ Verified / notarized
☐ Filed with Clerk of Circuit Court (NOT recorder) within 6 months of last work
☐ Copy of contract attached (required for new residential 1-4 units)

Notice to owner of filing (Part C)

☐ Sent by certified mail with return receipt

Enforcement suit (Part D)

☐ Calendar tickled for 6-month suit deadline from filing date
☐ Determined whether RSMo § 429.270 equitable mechanic's lien action is required (multiple lienors)
☐ All necessary parties joined (owner, GC, junior lienholders, mortgagee)
☐ Lis pendens filed promptly

Documentation

☐ Contracts and change orders
☐ Itemized invoices and payment ledger
☐ Daily reports, delivery tickets, time records
☐ Lien waivers received from upstream parties (defensive)
☐ Title report identifying owner of record

Sources and References

• Missouri Revised Statutes Chapter 429 (Mechanics' Liens): https://revisor.mo.gov/main/OneChapter.aspx?chapter=429
• RSMo § 429.012 (Notice to owner — original contractor): https://revisor.mo.gov/main/OneSection.aspx?section=429.012
• RSMo § 429.013 (Consent of owner — residential): https://revisor.mo.gov/main/OneSection.aspx?section=429.013
• RSMo § 429.080 (Lien filed with circuit clerk): https://revisor.mo.gov/main/OneSection.aspx?section=429.080
• RSMo § 429.100 (Ten-day notice): https://revisor.mo.gov/main/OneSection.aspx?section=429.100
• RSMo § 429.170 (Suit to enforce; six-month limitation): https://revisor.mo.gov/main/OneSection.aspx?section=429.170
• Robertson Plastering Co. v. Altman, 430 S.W.2d 169 (Mo. 1968)
• Putnam v. Heathman, 367 S.W.2d 823 (Mo. App. 1963)
• Bremer v. Mohr, 478 S.W.2d 14 (Mo. App. 1972)