Stop-Notice - Missouri

Missouri Post-Filing Owner Retention Request

Important Scope Gate

Missouri chapter 429 does not create a California-style claimant stop-payment notice requiring an owner, construction lender, or disbursing agent to freeze undisbursed project funds upon demand.

RSMo § 429.140 is narrower. When a person other than the contractor has filed a lien under §§ 429.010 to 429.340 and an action on that lien is pending:

• the contractor has a statutory duty to defend the action at the contractor's expense; and
• the owner may withhold from the contractor the amount for which the lien was filed during the action.

Use this document only as a noncompulsory request asking the owner to exercise that statutory option. It is not itself a lien, a notice required to perfect a lien, a court filing, an injunction, or a demand against a lender.

1. Prerequisite Checklist

Do not use this request unless Missouri counsel confirms every applicable prerequisite.

• ☐ Claimant is a person other than the original contractor.
• ☐ Claimant served the ten-day prefiling notice required by RSMo § 429.100, if applicable.
• ☐ Claimant timely filed a Missouri mechanic's lien.
• ☐ An action to enforce that lien has been commenced and is currently pending.
• ☐ The action was commenced within the period required by RSMo § 429.170.
• ☐ The owner and contractor identified below are the persons to whom § 429.140 applies.

If any required box cannot be checked, stop and obtain Missouri legal review. A payment dispute or unpaid invoice alone does not activate § 429.140.

2. Claimant and Project

• Claimant: [________________________________]
• Claimant address: [________________________________]
• Claimant counsel/contact: [________________________________]
• Owner: [________________________________]
• Contractor from whom funds may be withheld: [________________________________]
• Project: [________________________________]
• Property address: [________________________________]
• Legal description or parcel number: [________________________________]

3. Filed Lien and Pending Action

Copies attached:

• ☐ Filed lien
• ☐ RSMo § 429.100 notice and proof of service
• ☐ Petition or other initiating pleading
• ☐ Current docket or case-status record
• ☐ Other: [________________________________]

4. Request to Owner

Date: [__/__/____]

To: [OWNER NAME AND ADDRESS]

Claimant states that it has filed the lien and commenced the action identified above. Under RSMo § 429.140, during the pendency of an action on a lien filed by a person other than the contractor, the owner may withhold from the contractor the amount of money for which the lien was filed.

Claimant therefore requests—but does not represent that this form compels—the Owner to consider withholding $[________________] from amounts otherwise payable by Owner to [CONTRACTOR] while the identified lien action remains pending.

This request does not:

• require withholding from a construction lender or third-party disbursing agent;
• reach funds beyond amounts payable by the owner to the contractor;
• create a segregated account, trust, escrow, or interest obligation;
• impose personal liability for declining the request;
• establish the validity, priority, or amount of the lien;
• create a 150% bond or any other release-bond requirement; or
• replace any notice, filing, service, party-joinder, or enforcement requirement in chapter 429.

Please direct communications concerning this request to: [________________________________].

5. Optional Owner Response

The Owner may use this section to record a response. Signing is optional and does not admit the lien's validity.

• ☐ Owner received the request on [__/__/____].
• ☐ Owner will evaluate the request with Missouri counsel.
• ☐ Owner elects to withhold $[________________] from amounts otherwise payable to the Contractor, subject to later written revision and applicable law.
• ☐ Owner declines to make a commitment in this form.
• ☐ Other response: [____________________________________________________________]

6. Status Updates and Termination of Request

Claimant shall promptly notify Owner of a dismissal, satisfaction, release, final judgment, settlement, or other event materially changing the lien or pending action.

When the lien debt is paid or satisfied, RSMo § 429.120 requires the creditor, if requested, to file an acknowledgment of satisfaction with the circuit-court clerk. Under § 429.130, a creditor who refuses to enter satisfaction within ten days after payment and request may be liable to an injured person for the injury and costs of suit.

This form does not set an independent ten-day release period before payment and request, and it does not state when an owner should release any voluntarily retained funds. Obtain counsel instructions based on the action's actual disposition.

7. Claimant Certification

Claimant certifies that the factual entries and attachments supplied with this request are accurate to Claimant's knowledge. Claimant understands that this request does not expand RSMo § 429.140 or substitute for legal advice.

Claimant: [________________________________]

By: ______________________________

Name/title: [________________________________]

Date: [__/__/____]

Sources and References

• Missouri Revisor of Statutes, chapter 429.
• RSMo § 429.100.
• RSMo § 429.120 and § 429.130.
• RSMo § 429.140.
• RSMo § 429.170.