How do I file a mechanic's lien in Missouri?
Missouri mechanic's liens are governed by Mo. Rev. Stat. Chapter 429 (§§ 429.010-.360).
1. Who Can File
Contractors, subcontractors, materialmen, architects, engineers, surveyors, landscape gardeners, and laborers furnishing labor or materials (Mo. Rev. Stat. § 429.010).
2. Preliminary / Pre-Lien Notice
For owner-occupied residential property, the original contractor must provide a Notice to Owner at or before execution of the contract, in 10-point bold type, warning of subcontractor lien rights (Mo. Rev. Stat. § 429.013). Subcontractors must serve a 10-day Notice of Intent to Lien on the owner at least 10 days before filing the lien (Mo. Rev. Stat. § 429.100).
3. Recording the Lien
File a Just and True Account of the demand with the clerk of the circuit court where the property is located, within 6 months after the indebtedness accrued (last day of furnishing) (Mo. Rev. Stat. § 429.080). The account must contain the demand, after credits, and a true description of the property.
4. Service on Owner
The 10-day Notice of Intent serves as pre-filing notice; service of the lien itself is required when joining the owner in any subsequent foreclosure.
5. Suit to Foreclose
File suit to enforce the lien within 6 months of filing the Just and True Account (Mo. Rev. Stat. § 429.170). Failure terminates the lien.
6. Priority
The lien is preferred to all encumbrances attaching after the commencement of the building or improvement (Mo. Rev. Stat. § 429.050).
7. Bond Release
Owner may discharge the lien by depositing cash or filing a bond approximating 150% of the claim (Mo. Rev. Stat. § 429.012). Section 429.014 also creates Mechanic's Lien Title Bonds.
8. Homestead / Residential
Owner-occupied residential property is protected by the § 429.013 disclosure: a GC who fails to give the statutory notice forfeits its lien rights. Subs depend on the GC's notice having been given.
9. Fraudulent Lien Penalties
A knowingly false or grossly exaggerated lien is grounds for forfeiture and may give rise to slander of title and attorney-fee awards under § 429.014; criminal liability may attach to fraudulent recording.
This is legal information, not legal advice.
- Owner-occupied residential project where GC may have skipped § 429.013 notice
- Title insurance demands a Mechanic's Lien Title Bond under § 429.014
- Calculating the 6-month accrual window for serially supplied materials
- Mo. Rev. Stat. §§ 429.010-.360
- Mo. Rev. Stat. § 429.013
- Mo. Rev. Stat. § 429.080
- Mo. Rev. Stat. § 429.100
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.