Missouri Revised Statutes
Chapter 430
Statutory Liens Against Personalty--Preferred Claims
←430.080
Section 430.082.1
430.090→
August 28, 2015
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.
430.082. 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)
2009
1995
2009
430.082. 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 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 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 thirty 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.
1995
430.082. 1. Every person expending labor, services, skill or
material upon any motor vehicle or trailer, as defined in chapter 301,
RSMo, vessel, as defined in chapter 306, RSMo, outboard motor or 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 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 thirty 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 three months 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 three months 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 forty-five 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. Forty-five days after the notification
has been mailed and the chattel is unredeemed 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 of the lienholder that the owner has defaulted on
payment of labor, services, skill or material and that payment is three
months past due, or that owner has defaulted on payment or has failed to
make satisfactory arrangements for continued storage of the chattel for
forty-five days since notification of intent to make application for a
certificate of ownership or certificate of title;
(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 and supporting documents, the director shall notify by
certified mail, postage prepaid, the owner and any lienholders of record,
other than the applicant, at their last known address that application has
been made for a lien title on the chattel.
6. Thirty days after notification of the owner and lienholders, if no
lienholder or the owner has redeemed the chattel or no satisfactory
arrangement has been made concerning payment or continuation of storage and
the application has not been withdrawn, and if no owner or lienholder has
informed the director that the owner or lienholder demands a hearing and
enforcement of the lien as provided in section 430.160, 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".
7. Upon receipt of a lien title, the holder shall within ten days
begin proceedings to sell the chattel as prescribed in section 430.100.
8. 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.
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