Section 430.405

Title XXVII DEBTOR-CREDITOR RELATIONS

Chapter 430

Effective - 28 Aug 1984   

  430.405.  Suit to enforce lien, customer's alternatives — counterclaim, effect. — In any suit to enforce a lien under sections 430.400 to 430.407, the customer may be allowed to pay into court the amount claimed by the lienor, and such additional amount, to cover interest and costs, as the court may direct.  In the alternative the customer may file a written undertaking, with two or more securities, to be approved by the court, to the effect that he will pay any judgment that may be recovered, together with costs, and on the payment of such money into the court, or the approval of such undertaking, the court shall order possession of the mold to be returned to the customer, and any money so paid shall be subject to the final decree of the court.  In the event that a counterclaim is filed in any action described in sections 430.400 to 430.407 and that counterclaim is related to the work performed by the lienor, then the lienor shall be subject to the provisions of this section before any lien under sections 430.400 to 430.407 can be enforced.

­­--------

(L. 1984 H.B. 975 § 3)