Motor vehicles, trailers, vessels, outboard motors, aircraft liens forlabor, material or storage, when--nonpossessory lien on aircraft,procedure--lien title obtained, when, procedure--sale of chattel,when--distribution of proceeds.
430.082. 1. Every person expending labor, services, skill ormaterial upon any motor vehicle or trailer, as defined in chapter 301,RSMo, vessel, as defined in chapter 306, RSMo, outboard motor or aircraftat a written request of its owner, authorized agent of the owner, or personin 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, orat the written request of a peace officer in lieu of the owner or owner'sagent, where such owner or agent is not available to request storagethereof, shall, where the maximum amount to be charged for labor, services,skill or material has been stated as part of the written request or thedaily 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 theexpenditure of labor, services, skill, materials or storage for the actualvalue of all the expenditure of labor, services, skill, materials orstorage until the possession of that chattel is voluntarily relinquished tothe owner, authorized agent, or one entitled to possession thereof. Theperson furnishing labor, services, skill or material may retain the lienafter surrendering possession of the aircraft or part or equipment thereofby filing a statement in the office of the county recorder of the countywhere the owner of the aircraft or part or equipment thereof resides, ifknown to the claimant, and in the office of the county recorder of thecounty where the claimant performed the services. Such statement shall befiled within thirty days after surrendering possession of the aircraft orpart 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 theproperty, and shall not bind a bona fide purchaser unless the lien has alsobeen filed with the Federal Aviation Administration Aircraft Registry.
2. If the chattel is not redeemed within forty-five days of thecompletion of the requested labor, services, skill or material, thelienholder may apply to the director of revenue for a certificate ofownership or certificate of title.
3. If the charges are for storage or the service of towing the motorvehicle, trailer, outboard motor or vessel, and the chattel has not beenredeemed within forty-five days after the charges for storage commenced,the lienholder shall notify by certified mail, postage prepaid, the ownerand any lienholders of record other than the person making thenotification, at the person's last known address that application for alien title will be made unless the owner or lienholder within thirty daysmakes satisfactory arrangements with the person holding the chattel forpayment of storage or service towing charges, if any, or makes satisfactoryarrangements with the lienholder for paying such charges or for continuedstorage of the chattel if desired. Thirty days after the notification hasbeen mailed and the chattel is unredeemed, or the notice has been returnedmarked "not fowardable" or "addressee unknown", and no satisfactoryarrangement has been made with the lienholder for payment or continuedstorage, the lienholder may apply to the director of revenue for acertificate of ownership or certificate of title as provided in thissection.
4. The application shall be accompanied by:
(1) The original or a conformed or photostatic copy of the writtenrequest of the owner or the owner's agent or of a peace officer with themaximum amount to be charged stated therein;
(2) An affidavit from the lienholder that written notice was providedto all owners and lienholders of the applicants' intent to apply for acertificate 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 satisfactoryarrangements for continued storage of the chattel for thirty days sincenotification of intent to make application for a certificate of ownershipor certificate of title. The affidavit shall be accompanied by a copy ofthe thirty-day notice given by certified mail to any owner and personholding a valid security interest and a copy of the certified mail receiptindicating that the owner and lienholder of record was sent a notice asrequired 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 ofapplication for a certificate of ownership or certificate of title, and theamount which is unpaid; and
(4) A fee of ten dollars.
5. If the director is satisfied with the genuineness of theapplication, proof of lienholder notification in the form of a certifiedmail receipt, and supporting documents, and if no lienholder or the ownerhas redeemed the chattel or no satisfactory arrangement has been madeconcerning payment or continuation of storage, and if no owner orlienholder has informed the director that the owner or lienholder demands ahearing as provided in this section, the director shall issue, in the samemanner as a repossessed title is issued, a certificate of ownership orcertificate of title to the applicant which shall clearly be captioned"Lien Title".
6. Upon receipt of a lien title, the holder shall within ten daysbegin proceedings to sell the chattel as prescribed in section 430.100.
7. The provisions of section 430.110 shall apply to the dispositionof proceeds, and the lienholder shall also be entitled to any actual andnecessary expenses incurred in obtaining the lien title, including, but notlimited to, court costs and reasonable attorney's fees.
Motor vehicles, trailers, vessels, outboard motors, aircraft liens forlabor, material or storage, when--nonpossessory lien on aircraft,procedure--lien title obtained, when, procedure--sale of chattel,when--distribution of proceeds.
430.082. 1. Every person expending labor, services, skill ormaterial upon any motor vehicle or trailer, as defined in chapter 301,RSMo, vessel, as defined in chapter 306, RSMo, outboard motor or aircraftat a written request of its owner, authorized agent of the owner, or personin 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, orat the written request of a peace officer in lieu of the owner or owner'sagent, where such owner or agent is not available to request storagethereof, shall, where the maximum amount to be charged for labor, services,skill or material has been stated as part of the written request or thedaily 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 theexpenditure of labor, services, skill, materials or storage for the actualvalue of all the expenditure of labor, services, skill, materials orstorage until the possession of that chattel is voluntarily relinquished tothe owner, authorized agent, or one entitled to possession thereof. Theperson furnishing labor, services, skill or material may retain the lienafter surrendering possession of the aircraft or part or equipment thereofby filing a statement in the office of the county recorder of the countywhere the owner of the aircraft or part or equipment thereof resides, ifknown to the claimant, and in the office of the county recorder of thecounty where the claimant performed the services. Such statement shall befiled within thirty days after surrendering possession of the aircraft orpart 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 theproperty, and shall not bind a bona fide purchaser unless the lien has alsobeen filed with the Federal Aviation Administration Aircraft Registry.
2. If the chattel is not redeemed within forty-five days of thecompletion of the requested labor, services, skill or material, thelienholder may apply to the director of revenue for a certificate ofownership or certificate of title.
3. If the charges are for storage or the service of towing the motorvehicle, trailer, outboard motor or vessel, and the chattel has not beenredeemed within forty-five days after the charges for storage commenced,the lienholder shall notify by certified mail, postage prepaid, the ownerand any lienholders of record other than the person making thenotification, at the person's last known address that application for alien title will be made unless the owner or lienholder within thirty daysmakes satisfactory arrangements with the person holding the chattel forpayment of storage or service towing charges, if any, or makes satisfactoryarrangements with the lienholder for paying such charges or for continuedstorage of the chattel if desired. Thirty days after the notification hasbeen mailed and the chattel is unredeemed, or the notice has been returnedmarked "not fowardable" or "addressee unknown", and no satisfactoryarrangement has been made with the lienholder for payment or continuedstorage, the lienholder may apply to the director of revenue for acertificate of ownership or certificate of title as provided in thissection.
4. The application shall be accompanied by:
(1) The original or a conformed or photostatic copy of the writtenrequest of the owner or the owner's agent or of a peace officer with themaximum amount to be charged stated therein;
(2) An affidavit from the lienholder that written notice was providedto all owners and lienholders of the applicants' intent to apply for acertificate 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 satisfactoryarrangements for continued storage of the chattel for thirty days sincenotification of intent to make application for a certificate of ownershipor certificate of title. The affidavit shall be accompanied by a copy ofthe thirty-day notice given by certified mail to any owner and personholding a valid security interest and a copy of the certified mail receiptindicating that the owner and lienholder of record was sent a notice asrequired 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 ofapplication for a certificate of ownership or certificate of title, and theamount which is unpaid; and
(4) A fee of ten dollars.
5. If the director is satisfied with the genuineness of theapplication, proof of lienholder notification in the form of a certifiedmail receipt, and supporting documents, and if no lienholder or the ownerhas redeemed the chattel or no satisfactory arrangement has been madeconcerning payment or continuation of storage, and if no owner orlienholder has informed the director that the owner or lienholder demands ahearing as provided in this section, the director shall issue, in the samemanner as a repossessed title is issued, a certificate of ownership orcertificate of title to the applicant which shall clearly be captioned"Lien Title".
6. Upon receipt of a lien title, the holder shall within ten daysbegin proceedings to sell the chattel as prescribed in section 430.100.
7. The provisions of section 430.110 shall apply to the dispositionof proceeds, and the lienholder shall also be entitled to any actual andnecessary expenses incurred in obtaining the lien title, including, but notlimited to, court costs and reasonable attorney's fees.
Motor vehicles, trailers, vessels, outboard motors, aircraft liens forlabor, material or storage, when--nonpossessory lien on aircraft,procedure--lien title obtained, when, procedure--sale of chattel,when--distribution of proceeds.
430.082. 1. Every person expending labor, services, skill ormaterial upon any motor vehicle or trailer, as defined in chapter 301,RSMo, vessel, as defined in chapter 306, RSMo, outboard motor or aircraftat a written request of its owner, authorized agent of the owner, or personin 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, orat the written request of a peace officer in lieu of the owner or owner'sagent, where such owner or agent is not available to request storagethereof, shall, where the maximum amount to be charged for labor, services,skill or material has been stated as part of the written request or thedaily 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 theexpenditure of labor, services, skill, materials or storage for the actualvalue of all the expenditure of labor, services, skill, materials orstorage until the possession of that chattel is voluntarily relinquished tothe owner, authorized agent, or one entitled to possession thereof. Theperson furnishing labor, services, skill or material may retain the lienafter surrendering possession of the aircraft or part or equipment thereofby filing a statement in the office of the county recorder of the countywhere the owner of the aircraft or part or equipment thereof resides, ifknown to the claimant, and in the office of the county recorder of thecounty where the claimant performed the services. Such statement shall befiled within thirty days after surrendering possession of the aircraft orpart 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 theproperty, and shall not bind a bona fide purchaser unless the lien has alsobeen filed with the Federal Aviation Administration Aircraft Registry.
2. If the chattel is not redeemed within forty-five days of thecompletion of the requested labor, services, skill or material, thelienholder may apply to the director of revenue for a certificate ofownership or certificate of title.
3. If the charges are for storage or the service of towing the motorvehicle, trailer, outboard motor or vessel, and the chattel has not beenredeemed within forty-five days after the charges for storage commenced,the lienholder shall notify by certified mail, postage prepaid, the ownerand any lienholders of record other than the person making thenotification, at the person's last known address that application for alien title will be made unless the owner or lienholder within thirty daysmakes satisfactory arrangements with the person holding the chattel forpayment of storage or service towing charges, if any, or makes satisfactoryarrangements with the lienholder for paying such charges or for continuedstorage of the chattel if desired. Thirty days after the notification hasbeen mailed and the chattel is unredeemed, or the notice has been returnedmarked "not fowardable" or "addressee unknown", and no satisfactoryarrangement has been made with the lienholder for payment or continuedstorage, the lienholder may apply to the director of revenue for acertificate of ownership or certificate of title as provided in thissection.
4. The application shall be accompanied by:
(1) The original or a conformed or photostatic copy of the writtenrequest of the owner or the owner's agent or of a peace officer with themaximum amount to be charged stated therein;
(2) An affidavit from the lienholder that written notice was providedto all owners and lienholders of the applicants' intent to apply for acertificate 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 satisfactoryarrangements for continued storage of the chattel for thirty days sincenotification of intent to make application for a certificate of ownershipor certificate of title. The affidavit shall be accompanied by a copy ofthe thirty-day notice given by certified mail to any owner and personholding a valid security interest and a copy of the certified mail receiptindicating that the owner and lienholder of record was sent a notice asrequired 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 ofapplication for a certificate of ownership or certificate of title, and theamount which is unpaid; and
(4) A fee of ten dollars.
5. If the director is satisfied with the genuineness of theapplication, proof of lienholder notification in the form of a certifiedmail receipt, and supporting documents, and if no lienholder or the ownerhas redeemed the chattel or no satisfactory arrangement has been madeconcerning payment or continuation of storage, and if no owner orlienholder has informed the director that the owner or lienholder demands ahearing as provided in this section, the director shall issue, in the samemanner as a repossessed title is issued, a certificate of ownership orcertificate of title to the applicant which shall clearly be captioned"Lien Title".
6. Upon receipt of a lien title, the holder shall within ten daysbegin proceedings to sell the chattel as prescribed in section 430.100.
7. The provisions of section 430.110 shall apply to the dispositionof proceeds, and the lienholder shall also be entitled to any actual andnecessary expenses incurred in obtaining the lien title, including, but notlimited to, court costs and reasonable attorney's fees.
