Effective - 28 Aug 1996
428.115. Lien claimant may petition court, procedure. — Any person who attempts to file a lien against real or personal property that is rejected pursuant to subsection 1 of section 428.110 may petition the circuit court of the county of the filing officer that rejected such lien for an order, which may be granted ex parte, directing the filing officer to file or record the lien pending a hearing on whether the lien constitutes a nonconsensual common law lien. The lien claimant shall appear before the court as the petitioner within ten business days following the date of service of the petition and order on the filing officer, and show cause, if any, why the lien should not be declared void and other relief provided for by section 428.125 should not be granted. The petition shall state the grounds upon which relief is requested, and shall be supported by the affidavit of the petitioner or the petitioner's attorney setting forth a concise statement of the facts upon which the claim for relief is based.
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(L. 1996 S.B. 869 § D-3)
Structure Missouri Revised Statutes
Title XXVII - Debtor-Creditor Relations
Chapter 428 - Fraudulent Conveyances and Liens
Section 428.005 - Short title.
Section 428.009 - Definitions.
Section 428.024 - Transfers fraudulent as to present and future creditors.
Section 428.029 - Transfers fraudulent as to present creditors.
Section 428.034 - When transfer is made or obligation is incurred.
Section 428.039 - Remedies of creditors.
Section 428.044 - Defenses, liability, and protection of transferee.
Section 428.049 - Extinguishment of claim for relief or cause of action.
Section 428.054 - Supplementary provisions.
Section 428.059 - Uniformity of applications and construction.
Section 428.105 - Definitions.
Section 428.115 - Lien claimant may petition court, procedure.
Section 428.120 - Petition to declare lien invalid, procedure.
Section 428.125 - Contents of order — remedies — copy of order to be filed.
Section 428.130 - Filing officers not liable.
Section 428.135 - Liability for filing or recording certain documents.