Section 429.625

Title XXVII DEBTOR-CREDITOR RELATIONS

Chapter 429

Effective - 28 Aug 1993   

  429.625.  Cost of proceeding to be paid by nonprevailing party — more than one nonprevailing party, apportionment by court. — The costs of any proceeding brought to enforce a lien filed pursuant to sections 429.600 to 429.627, including reasonable attorney's fees and prejudgment interest due to the prevailing party, shall be paid by the nonprevailing party or parties.  If more than one party is responsible for costs, fees and prejudgment interest, such costs, fees and prejudgment interest shall be equitably apportioned by the court among the responsible parties.

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(L. 1993 S.B. 18 § 10)

(1998) Lessor was entitled to recover attorney's fees incurred in defense of lien recorded by real estate broker in an attempt to recover commission from representation of lessee because broker did not have a written agreement with lessor, and, therefore lien was improper.  Incentive Realty, Inc. v. Hawatmeh, 983 S.W.2d 156 (E.D.Mo.).