☰ Revisor of Missouri

Title XXVII DEBTOR-CREDITOR RELATIONS

Chapter 430

< > Effective - 28 Aug 2012 bottom

  430.020.  Liens for storage, materials and labor on vehicles or aircraft — nonpossessory liens on aircraft for labor and material, procedure — failure to file with aircraft registry, purchaser prevails. — Every person who shall keep or store any vehicle or part or equipment thereof, shall, for the amount due therefor, have a lien; and every person who furnishes labor or material on any vehicle or part or equipment thereof, who shall obtain a written memorandum of the work or material furnished, or to be furnished, signed by the owner of the vehicle, or part or equipment thereof, and every person who furnishes labor or material on any aircraft or part or equipment thereof, who shall obtain a written memorandum of the work or material furnished, or to be furnished, signed by the owner, authorized agent of the owner, or person in lawful possession of the aircraft or part or equipment thereof, shall have a lien for the amount of such work or material as is ordered or stated in such written memorandum.  Such liens shall be on the vehicle or aircraft, or part or equipment thereof, as shall be kept or stored, or be placed in the possession of the person furnishing the labor or material; provided, however, the person furnishing the labor or material on the aircraft or part or equipment thereof may retain the lien after surrendering possession of the aircraft or part or equipment thereof by filing a statement in the office of the county recorder of the county where the owner of the aircraft or part or equipment thereof resides, if known to the claimant, and in the office of the county recorder of the county where the labor or material was furnished.  Such statement shall be filed within one hundred eighty days after surrendering possession of the aircraft or part or equipment thereof and shall state the claimant's name and address, the items on account, the name of the owner and a description of the property, and shall not bind a bona fide purchaser unless said lien has also been filed with the Federal Aviation Administration Aircraft Registry.

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(RSMo 1939 § 3608, A.L. 1983 H.B. 805, A.L. 1988 H.B. 950 & 1361, A.L. 2012 H.B. 1150 merged with H.B. 1909 merged with S.B. 485 )

Prior revisions: 1929 § 3218; 1919 § 7278

(1953) Common law liens were not abolished by this law but were enlarged upon so that, upon compliance with this section, the lien continues, as against a purchaser with notice, after lien holder had parted with possession.  State ex rel. Rueseler Motor Co. v. Klaus (A.), 263 S.W.2d 71.

(1959) Artisan's lien for repair of motor vehicle is superior to prior recorded chattel mortgage under Missouri decisions.  Gale and Co. v. Hooper (A.), 323 S.W.2d 824.

(1962) In action for replevin of automobile by plaintiff holding note and mortgage thereon, it was not necessary to determine whether defendant pleaded a common law lien for repairs and storage or a statutory lien since under its general denial defendant could show any facts tending to disprove plaintiff's asserted right to immediate possession.  Monarch Loan Co. v. Anderson Transmission Service (A.), 361 S.W.2d 328.

(1967) Common law liens have not been abolished by virtue of the enactment of this section, but have been enlarged in effect.  Jackson v. Kusmer (A.), 411 S.W.2d 257.


---- end of effective  28 Aug 2012 ----

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