Section 429.014

Title XXVII DEBTOR-CREDITOR RELATIONS

Chapter 429

Effective - 01 Jan 2017, 2 histories, see footnote   

  429.014.  Lien fraud, penalties — claim against original contract, when. — 1.  Any original contractor, subcontractor or supplier who fails or refuses to pay any subcontractor, materialman, supplier or laborer for any services or materials provided pursuant to any contract referred to in section 429.010, 429.012 or 429.013 for which the original contractor, subcontractor or supplier has been paid, with the intent to defraud, commits the offense of lien fraud, regardless of whether the lien was perfected or filed within the time allowed by law.

  2.  A property owner or lessee who pays a subcontractor, materialman, supplier or laborer for the services or goods claimed pursuant to a lien, for which the original contractor, subcontractor or supplier has been paid, shall have a claim against the original contractor, subcontractor or supplier who failed or refused to pay the subcontractor, materialman, supplier or laborer.

  3.  Lien fraud is a class D felony if the amount of the lien filed or the aggregate amount of all liens filed on the subject property as a result of the conduct described in subsection 1 of this section is in excess of five hundred dollars, otherwise lien fraud is a class A misdemeanor.  If no liens are filed, lien fraud is a class A misdemeanor.

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(L. 1986 H.B. 942, et al. § 1, A.L. 1988 H.B. 1711, A.L. 2014 S.B. 491)

Effective 1-01-17