Section 430.160

Title XXVII DEBTOR-CREDITOR RELATIONS

Chapter 430

Effective - 02 Jan 1979, see footnote   

  430.160.  Enforcement of liens. — The lien provided for in section 430.150 shall be enforced as follows:  The person claiming the lien shall file in circuit court, before a circuit or associate circuit judge, in the county in which he resides, a statement duly verified by himself, his agent or attorney, setting forth his account and a description of the property on which the lien is claimed, and thereupon the court shall issue a summons, as in ordinary civil actions, returnable forthwith; and upon a return of the summons, duly served, shall set the cause for hearing at any time after the lapse of one day.  If summons be returned "defendant not found", and if it be proved to the satisfaction of the court that the defendant is not a resident of the county, the court shall order a notice of the proceedings to be published for three successive days, in a daily newspaper, if one be published in the county, and if there be none, then once in a weekly, if such be published in the county; and if no paper be published in the county, then by six handbills put up in six public places in the county, notifying the defendant of the filing and the particulars of the account, the description of the property on which the lien is claimed, its whereabouts, and the day and place set for the hearing of the cause, which shall be at least ten days from the day of the last publication of the notice or the posting thereof; and the proof of such publication or of the posting of such notice shall be filed in the court on or before the day of trial.  When the defendant shall have been summoned or notified as aforesaid, the cause shall, on the day fixed for trial, be tried as any ordinary case before an associate circuit judge or a circuit judge, as the case may be.  If the judgment be for the plaintiff, the court shall order the property upon which the lien shall have been found to exist to be sold to satisfy the same.  If the lien be not established, and the defendant shall not have been summoned, or shall not have voluntarily appeared to the action, the cause shall be dismissed at the cost of the plaintiff.  If the defendant shall have been summoned, or shall have appeared to the action, and the plaintiff shall have established an indebtedness on the account sued on, but shall have failed to establish the lien claimed, the judgment shall be for the plaintiff for such indebtedness, but the cost of suit, or any part thereof, may be taxed against him.

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(RSMo 1939 § 3581, A.L. 1945 p. 1140, A.L. 1978 H.B. 1634)

Prior revisions: 1929 § 3191; 1919 § 7251; 1909 § 8239

Effective 1-02-79