Account of Demand of Lien-Private Work

Warning: All information contained within this data base is subject to change at any time by the various states and is not guaranteed in any way by FWM Software. Nor does FWM Software assume any liability or responsibility for it's content. Please use in conjunction with advice from your attorney.

Note: This information is limited in scope and applies only to this document. Please see the general information, all forms memo, and the general information memo for this type of document, for additional information.

Description: Mechanic’s Lien Statement.

Scope: State of Missouri, Private Works.

Time Constraints: You must have served a notice to owner of Right to Lien (see Missouri Preliminary Notice, Private Works, memo for more information) and a Notice of Intent to file a lien, Stop Notice or Bond Claim (see Missouri Lien Warning Notice, Private Works, memo for more information) on the owner within the statutory time frames or you cannot file a lien claim.

Mechanic’s Lien Statement: if you are making a claim for Rental Equipment or you are an Equipment Supplier, you must file your Mechanic’s Lien Statement with the County Clerk's (Recorder's) office within 60 days, inclusive, after the last removal of your equipment.  Otherwise, you must file your Mechanic’s Lien Statement with the County Clerk's (Recorder's) office within 6 months, inclusive, after the last furnishing of labor, materials or service.

Perfection: To perfect your mechanic's lien, you must file suit against the relevant parties to foreclose the lien and enforce any bond claim within 6 months of the date you filed your Mechanic’s Lien Statement.

Payment Bond: Obtain a copy of the payment bond to determine requirements for making claim.

The usual remedy is to file to enforce all claims in one suit (see below, Procedures). In any case, we strongly recommend your attorney handle the enforcement actions to perfect your lien claims.

Information Requirements: Program information and information for Exhibits A-D, any additional costs as to legal fees, court costs and interest charges (don't pass these up. Estimate if necessary. In the case of Bond Claims, the lenders or sureties will reserve only the amount for which you make claim), and the county of the state where the recording will be made.

Form Types: Mechanic’s Lien Statement, Exhibit's A-D, if needed and the Recorder's Letter.

Procedures: Within the statutory time limits, prepare your documents using the required information. File your lien claim, with affidavit, and send copies by certified mail immediately to the owner (a copy for the prime contractor is also in order) and a copy to the sureties, if known. At this point you are ready to file suit to enforce all of your claims in one action, but do so within 6 months of filing your Mechanic’s Lien Statement.

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