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Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS

Chapter 575

previous next Effective - 01 Jan 2017, see footnotebottom

  575.133.  Filing a nonconsensual common law lien — penalty. — 1.  A person commits the offense of filing a nonconsensual common law lien if he or she files a document that purports to assert a lien against the assets, real or personal, of any person and that, regardless of any self-description:

  (1)  Is not expressly provided for by a specific state or federal statute;

  (2)  Does not depend upon the consent of the owner of the property affected or the existence of a contract for its existence; and

  (3)  Is not an equitable or constructive lien imposed by a state or federal court of competent jurisdiction.

  2.  This section shall not apply to a filing officer as defined in section 428.105 that is acting in the scope of his or her employment.

  3.  The offense of filing a nonconsensual common law lien is a class B misdemeanor.

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(L. 2014 S.B. 491)

Effective 1-01-17


---- end of effective   01 Jan 2017 ----

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