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| Home > Statutes > Usa Missouri |
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USA Statutes : missouri
Title : DEBTOR-CREDITOR RELATIONS
Chapter : Chapter 430 Statutory Liens Against Personalty--Preferred Claims
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The word "vehicle", as used in sections 430.010 to 430.070,
means vehicles drawn by horses and other animals, motor vehicles, and
boats or craft used or capable of being used as a means of transport on
water. Any machinery used as the principal source of propulsion for a
boat or craft is part of or equipment of the boat or craft. (RSMo 1939 §
3613, A.L. 1981 H.B. 138)
Prior revisions: 1929 § 3223; 1919 § 7283
Every person who shall keep or store any vehicle, 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 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
of the vehicle or 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 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 thirty 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. (RSMo 1939 § 3608, A.L. 1983 H.B. 805,
A.L. 1988 H.B. 950 & 1361)
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.
1. Every person who furnishes labor or material on any horse,
mule or other animal, who shall obtain a written memorandum of the work
or material furnished, or to be furnished, signed by the owner of such
horse, mule or other animal, shall have a lien for the amount of such
work or material as is ordered or stated in such written memorandum.
2. Such lien shall be on such horse, mule or other animal as shall be
placed in the possession of the person furnishing the labor or material;
provided, however, that for labor and material furnished on more than one
horse, mule or other animal belonging to the same owner, the person
furnishing such labor and material may, at his option, have a lien on any
one or more of such horses, mules or other animals for the amount of
labor and material furnished on all of such horses, mules and other
animals belonging to such owner. (RSMo 1939 § 3609)
Prior revisions: 1929 § 3219; 1919 § 7279
1. No person shall have the right to take any vehicle or
aircraft, or part or equipment thereof, or any horse, mule or other
animal out of the custody of the person having the lien, except with the
consent of the person, or upon paying the amount, lawfully due, for keep,
storage, labor or material.
2. The lien shall be valid against the vehicle or aircraft, or part or
equipment thereof, or against the horse, mule or other animal in the
possession of any person receiving or purchasing the same, with notice of
the lien claim; but the lien shall not take precedence over or be
superior to any prior lien on the property, created by any financing
statement on the same, duly perfected in accordance with the laws of this
state, without the written consent of the secured party or the legal
holder of the security agreement. (RSMo 1939 § 3610, A.L. 1965 p. 114,
A.L. 1983 H.B. 805)
Prior revisions: 1929 § 3220; 1919 § 7280
(1957) Common law artisan's lien for repairing truck held superior to the
right of holder of conditional sales contract recorded in Florida to
possession of truck but such superior lien does not extend to secure
payment of storage charges. Mack Motor Truck Corp. v. Wolfe (A.), 303
S.W.2d 697.
The lien provided for in section 430.040 shall be enforced in
the same manner and be governed by the same procedure as is provided in
section 430.160, applicable to the enforcement of the lien for keeping or
training horses and other animals. (RSMo 1939 § 3611)
Prior revisions: 1929 § 3221; 1919 § 7281
All proceedings under sections 430.010 to 430.070, where not
herein otherwise specifically provided, shall be governed by the general
laws of the state concerning replevin. (RSMo 1939 § 3612)
Prior revisions: 1929 § 3222; 1919 § 7282
Every person expending labor, services, skill or material upon
any chattel at the request of its owner, authorized agent of the owner,
or lawful possessor thereof, in the amount of twenty-five dollars or
less, shall have a lien upon such chattel beginning upon the date of
commencement of such expenditure of labor, services, skill, or materials
for the contract price for all such expenditure of labor, services,
skill, or material, until the possession of such chattel is voluntarily
relinquished to such owner or authorized agent, or to one entitled to the
possession thereof. (L. 1945 p. 1141 § 1)
1. Every person expending labor, services, skill or material
upon any motor vehicle or trailer, as defined in chapter 301, RSMo,
vessel, as defined in chapter 306, RSMo, outboard motor or aircraft at a
written request of its owner, authorized agent of the owner, or person in
lawful possession thereof, or who provides storage for a motor vehicle,
trailer, outboard motor or vessel, at the written request of its owner,
authorized agent of the owner, or person in lawful possession thereof, or
at the written request of a peace officer in lieu of the owner or owner's
agent, where such owner or agent is not available to request storage
thereof, shall, where the maximum amount to be charged for labor,
services, skill or material has been stated as part of the written
request or the daily charge for storage has been stated as part of the
written request, have a lien upon the chattel beginning upon the date of
commencement of the expenditure of labor, services, skill, materials or
storage for the actual value of all the expenditure of labor, services,
skill, materials or storage until the possession of that chattel is
voluntarily relinquished to the owner, authorized agent, or one entitled
to possession thereof. The person furnishing labor, services, skill or
material 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 claimant performed
the services. Such statement shall be filed within thirty 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 the lien has also been filed with the Federal
Aviation Administration Aircraft Registry.
2. If the chattel is not redeemed within three months of the completion
of the requested labor, services, skill or material, the lienholder may
apply to the director of revenue for a certificate of ownership or
certificate of title.
3. If the charges are for storage or the service of towing the motor
vehicle, trailer, outboard motor or vessel, and the chattel has not been
redeemed three months after the charges for storage commenced, the
lienholder shall notify by certified mail, postage prepaid, the owner and
any lienholders of record other than the person making the notification,
at the person's last known address that application for a lien title will
be made unless the owner or lienholder within forty-five days makes
satisfactory arrangements with the person holding the chattel for payment
of storage or service towing charges, if any, or makes satisfactory
arrangements with the lienholder for paying such charges or for continued
storage of the chattel if desired. Forty-five days after the notification
has been mailed and the chattel is unredeemed and no satisfactory
arrangement has been made with the lienholder for payment or continued
storage, the lienholder may apply to the director of revenue for a
certificate of ownership or certificate of title as provided in this
section.
4. The application shall be accompanied by:
(1) The original or a conformed or photostatic copy of the written
request of the owner or the owner's agent or of a peace officer with the
maximum amount to be charged stated therein;
(2) An affidavit of the lienholder that the owner has defaulted on
payment of labor, services, skill or material and that payment is three
months past due, or that owner has defaulted on payment or has failed to
make satisfactory arrangements for continued storage of the chattel for
forty-five days since notification of intent to make application for a
certificate of ownership or certificate of title;
(3) A statement of the actual value of the expenditure of labor,
services, skill or material, or the amount of storage due on the date of
application for a certificate of ownership or certificate of title, and
the amount which is unpaid; and
(4) A fee of ten dollars.
5. If the director is satisfied with the genuineness of the application
and supporting documents, the director shall notify by certified mail,
postage prepaid, the owner and any lienholders of record, other than the
applicant, at their last known address that application has been made for
a lien title on the chattel.
6. Thirty days after notification of the owner and lienholders, if no
lienholder or the owner has redeemed the chattel or no satisfactory
arrangement has been made concerning payment or continuation of storage
and the application has not been withdrawn, and if no owner or lienholder
has informed the director that the owner or lienholder demands a hearing
and enforcement of the lien as provided in section 430.160, the director
shall issue, in the same manner as a repossessed title is issued, a
certificate of ownership or certificate of title to the applicant which
shall clearly be captioned "Lien Title".
7. Upon receipt of a lien title, the holder shall within ten days begin
proceedings to sell the chattel as prescribed in section 430.100.
8. The provisions of section 430.110 shall apply to the disposition of
proceeds, and the lienholder shall also be entitled to any actual and
necessary expenses incurred in obtaining the lien title, including, but
not limited to, court costs and reasonable attorney's fees. (L. 1972 H.B.
1188, A.L. 1981 H.B. 138, A.L. 1983 H.B. 805, A.L. 1984 H.B. 1045, A.L.
1988 H.B. 950 & 1361, A.L. 1988 H.B. 1711, A.L. 1995 H.B. 217)
Unless the chattel is redeemed within three months of the
completion of the expenditure of such labor, services, skill, or
material, or within three months of the date agreed upon for redemption,
the lien may be enforced by a sale as herein provided. (L. 1945 p. 1141 §
2)
1. Such sale shall be held only after giving not less than
twenty days' notice, first, by mailing a copy of notice, by registered
mail, if the address is known, addressed to the owner for whom such
expenditure of labor, material, skill or services are performed, in which
case a return receipt shall be evidence of due notice; second by not less
than two publications in some newspaper of general circulation where the
property was received and is to be sold, the last publication to be not
less than twenty days prior to the date of sale; third, if no newspaper
be published within the county, then by posting, not less than twenty
days prior to the date of sale, five handbills in different places within
the township, one of which shall be posted where the property was
received and is to be sold.
2. The form of notice shall be substantially as follows:
NOTICE
Notice is hereby given that on (insert date), a sale will be held at
(insert place), to sell the following articles to enforce a lien existing
under the laws of the State of Missouri against such articles for labor,
services, skill or material expended upon such articles at the request of
the following designated persons, unless such articles are redeemed prior
to the date of said sale:
Description of Name of Owner Article Amount of lien .............
................... .............. ............. ...................
..............
..........................
Name of Lienor
3. A separate notice need not be published for each lien to be enforced,
but several may be combined in one publication. (L. 1945 p. 1141 § 3)
1. If the chattel or chattels are not redeemed prior to the date
of sale* provided in the notice required by section 430.100, the lienor
may sell such articles on the day and at the place specified in such
notice. The proceeds shall be distributed in the following order:
(1) To the satisfaction of the seller's lien and the necessary expenses
of advertising as provided in section 430.100;
(2) To the satisfaction of any prior lien on the chattel created by any
financing statement on the same, duly perfected in accordance with the
laws of this state;
(3) The excess, if any, shall thereupon be deposited with the county
treasurer, or city treasurer in the city of St. Louis, together with a
sworn statement containing the name of the owner, description of the
article, amount of lien, the amount paid to any prior lienholders, sale
price, name of purchaser, cost and manner of advertising.
2. The said treasurer shall credit such excess to the general revenue
fund of the county, or the city of St. Louis, subject to the right of the
owner or his representative to reclaim the same at any time within three
years of the date of such deposit with the treasurer, after presentation
of proper evidence of ownership and obtaining an order of the county
commission, or comptroller of the city of St. Louis, directed to said
treasurer for the return of said excess deposit. (L. 1945 p. 1141 § 4,
A.L. 1972 H.B. 1188)
*Word "same" appears in original rolls.
Any lienor failing or refusing to deliver to said treasurer the
excess proceeds of sale together with a sworn statement as required in
section 430.110 within thirty days after such sale, shall be liable for
double the excess proceeds of said sale, to be recovered in any court of
competent jurisdiction by civil action. (L. 1945 p. 1141 § 6)
Conformity to the requirements of sections 430.080 to 430.140
shall be a perpetual bar to any action against such lienor by any person
for the recovery of such chattels or the value thereof, or of any damages
growing out of the failure of such person to receive such chattels. (L.
1945 p. 1141 § 5)
Chattels of a value not exceeding one hundred dollars, which are
not redeemed within one year of the date agreed upon for redemption,
shall be deemed abandoned to the lienor and thereafter the owner or
depositor of the chattels shall be barred from the recovery of the
chattels, or the value thereof, or of any damages growing out of the
failure of the person to receive the chattels. (L. 1959 S.B. 285 §
430.131)
No provision in sections 430.080 to 430.140 shall apply to any
member of the armed services of the United States of America until six
months after his discharge from said service. (L. 1945 p. 1141 § 7)
Every person who shall keep, board or train any horse, mule or
other animal, shall, for the amount due therefor, have a lien on such
animal, and on any vehicle, harness or equipment coming into his
possession therewith, and no owner or claimant shall have the right to
take any such property out of the custody of the person having such lien,
except with his consent or on the payment of such debt; and such lien
shall be valid against said property in the possession of any person
receiving or purchasing it with notice of such claim. (RSMo 1939 § 3580)
Prior revisions: 1929 § 3190; 1919 § 7250; 1909 § 8238
(1959) Owner held liable for the reasonable value of feed and care, such
as veterinary costs, hay and additional cost of pasturage furnished
cattle by landowner under oral agreement for pasturage. Crouch v.
Brookshire (A.), 330 S.W.2d 592.
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. (RSMo 1939 § 3581, A.L. 1945 p. 1140, A.L. 1978 H.B. 1634)
Prior revisions: 1929 § 3191; 1919 § 7251; 1909 § 8239
Effective 1-2-79
1. Any animal lawfully impounded under the laws of this state or
ordinances of any of its political subdivisions may be placed by the
impounding officer in the care of any incorporated humane society or
other responsible person designated by the impounding authority.
2. Any incorporated humane society or other person designated to care for
an animal under the provisions of subsection 1 shall be entitled to a
lien on the animal for the reasonable cost of the care of the animal, as
provided in sections 430.150 and 430.160. (L. 1963 p. 646 § 1)
The owner or keeper of any stallion, jack or bull may advertise
the terms upon which he will let any such animal to service, by
publication thereof in some newspaper of the county where such animal is
kept, for sixty days during the season of each year, or by printed
handbills conspicuously posted during such period, in four or more public
places in said county, including the place where such animal is kept; and
the publication or posting as aforesaid of the terms of such service
shall impart notice thereof to the owner of any female animal served by
such stallion, jack or bull during any such season; and in all actions
and controversies in respect to the foal or other product of such
service, the owner of such female animal so served shall be deemed to
have accepted and assented to said terms, when so advertised and
published or posted as provided herein. (RSMo 1939 § 3582)
Prior revisions: 1929 § 3192; 1919 § 7252; 1909 § 8240
When the terms of the service by the animal, published or posted
as provided in section 430.170, provides that the foal or other product
of the service will be held for the money due for the service of the
stallion, jack or bull, then and in that event the owner or keeper of the
animal shall have a lien for the sum on the offspring of any female
animal served, for the period of one year after the birth thereof. The
lien shall be preferred to any prior lien, encumbrance or security
agreement whatever; and the publication or posting as aforesaid of the
terms of the service shall be deemed notice to any third party of the
existence of the lien. (RSMo 1939 § 3583, A.L. 1965 p. 114)
Prior revisions: 1929 § 3193; 1919 § 7253; 1909 § 8241
If any keeper of such stallion, jack or bull shall offer and
advertise to let the service of any such animal, and shall give a false
or fictitious pedigree, knowing the same to be false, or shall falsely
represent said animal to be recorded or eligible to record in any of the
various books of record kept for recording animals of that breed, he
shall forfeit all claim to the value of the services rendered by any such
animal, and shall not be entitled to the benefits of any provision of
sections 430.150 to 430.220. (RSMo 1939 § 3585)
Prior revisions: 1929 § 3195; 1919 § 7255; 1909 § 8243
For the purpose of enforcing such lien upon default in the
payment of the sum secured, the lienor may proceed by replevin in any
court of competent jurisdiction and possess himself of the encumbered
property, and hold the same subject to such judgment as he shall recover.
(RSMo 1939 § 3586)
Prior revisions: 1929 § 3196; 1919 § 7256; 1909 § 8244
Upon the rendition of judgment, if for the lienor, it shall be
for the sum found to be due, with costs of suit, and that the lien be
enforced against the property by execution and sale as in ordinary sales
under execution, but if such finding be for defendant, judgment shall be
entered in his favor as in ordinary actions of replevin. (RSMo 1939 §
3587, A.L. 1978 H.B. 1634)
Prior revisions: 1929 § 3197; 1919 § 7257; 1909 § 8245
Effective 1-2-79
1. As used in sections 430.225 to 430.250, the following terms
shall mean:
(1) "Claim", a claim of a patient for:
(a) Damages from a tort-feasor; or
(b) Benefits from an insurance carrier;
(2) "Clinic", a group practice of health practitioners or a sole practice
of a health practitioner who has incorporated his or her practice;
(3) "Health practitioner", a chiropractor licensed pursuant to chapter
331, RSMo, a podiatrist licensed pursuant to chapter 330, RSMo, a dentist
licensed pursuant to chapter 332, RSMo, a physician or surgeon licensed
pursuant to chapter 334, RSMo, or an optometrist licensed pursuant to
chapter 336, RSMo, while acting within the scope of their practice;
(4) "Insurance carrier", any person, firm, corporation, association or
aggregation of persons conducting an insurance business pursuant to
chapter 375, 376, 377, 378, 379, 380, 381, or 383, RSMo;
(5) "Other institution", a legal entity existing pursuant to the laws of
this state which delivers treatment, care or maintenance to patients who
are sick or injured;
(6) "Patient", any person to whom a health practitioner, hospital, clinic
or other institution delivers treatment, care or maintenance for sickness
or injury caused by a tort-feasor from whom such person seeks damages or
any insurance carrier which has insured such tort-feasor.
2. Clinics, health practitioners and other institutions, as defined in
this section, shall have the same rights granted to hospitals in sections
430.230 to 430.250.
3. If the liens of such health practitioners, hospitals, clinics or other
institutions exceed fifty percent of the amount due the patient, every
health care practitioner, hospital, clinic or other institution giving
notice of its lien, as aforesaid, shall share in up to fifty percent of
the net proceeds due the patient, in the proportion that each claim bears
to the total amount of all other liens of health care practitioners,
hospitals, clinics or other institutions. "Net proceeds", as used in this
section, means the amount remaining after the payment of contractual
attorney fees, if any, and other expenses of recovery.
4. In administering the lien of the health care provider, the insurance
carrier may pay the amount due secured by the lien of the health care
provider directly, if the claimant authorizes it and does not challenge
the amount of the customary charges or that the treatment provided was
for injuries caused* by the tort-feasor.
5. Any health care provider electing to receive benefits hereunder
releases the claimant from further liability on the cost of the services
and treatment provided to that point in time. (L. 1999 H.B. 343, A.L.
2003 H.B. 121)
*Word "cause" appears in original rolls.
CROSS REFERENCE:
Ambulance services have the same statutory lien rights as hospitals, RSMo
190.250
Every public hospital or clinic, and every privately maintained
hospital, clinic or other institution for the care of the sick, which is
supported in whole or in part by charity, located within the state of
Missouri, or any such hospital duly incorporated under the laws of
Missouri providing for the incorporation of eleemosynary institutions,
shall have a lien upon any and all claims, counterclaims, demands, suits,
or rights of action of any person admitted to any hospital, clinic or
other institution and receiving treatment, care or maintenance therein
for any cause including any personal injury sustained by such person as
the result of the negligence or wrongful act of another, which such
injured person may have, assert or maintain against the person or persons
causing such injury for damages on account of such injury, for the cost
of such services, computed at reasonable rates not to exceed twenty-five
dollars per day and the reasonable cost of necessary X-ray, laboratory,
operating room and medication service, as such hospital, clinic, or other
institution shall render such injured person on account of his
conditions; provided further, that the lien herein set forth shall not be
applied or considered valid against anyone coming under the workers'
compensation law in this state. (L. 1941 p. 371 § 1, A.L. 1971 H.B. 552)
(1989) Because a wrongful death settlement is for the use and benefit of
those who sue or are entitled to sue and because wrongful death is not a
claim or cause of action brought on the part of the injured person, a
hospital lien does not attach the settlement of a wrongful death claim.
American Family Mutual Insurance Company v. Ward, 774 S.W.2d 135 (Mo.
banc).
Notwithstanding the provisions of section 430.230, every public
hospital or clinic, and every privately maintained hospital, clinic or
other institution for the care of the sick, which is supported in whole
or in part by charity, located within the state of Missouri, or any such
hospital duly incorporated under the laws of Missouri providing for the
incorporation of eleemosynary institutions, shall have a lien upon any
and all claims, counterclaims, demands, suits, or rights of action of any
person admitted to any hospital, clinic or other institution and
receiving treatment, care or maintenance therein for any cause including
any personal injury sustained by such person as the result of the
negligence or wrongful act of another, which such injured person may
have, assert or maintain against the person or persons causing such
injury for damages on account of such injury, for the cost of such
services, computed at reasonable rates not to exceed the customary
charges for the services and the customary charges for necessary X-ray,
laboratory, operating room and medication services as such hospital,
clinic or other institution shall render such injured person on account
of his conditions. The lien set forth in this section shall not be
applied or considered valid against anyone coming under the workers'
compensation law in this state. The lien set forth in this section shall
be considered valid and may be applied against medical benefits paid
anyone under the provisions of chapter 208, RSMo, whether such benefits
are paid from state or federal funds, or a combination thereof. (L. 1981
H.B. 901 § 2)
Effective 6-16-81
No such lien shall be effective, however, unless a written
notice containing the name and address of the injured person, the date of
the accident, the name and location of the hospital and the name of the
person or persons, firm or firms, corporation or corporations alleged to
be liable to the injured party for the injuries received, shall be sent
by registered mail with return receipt requested, to the person or
persons, firm or firms, corporation or corporations, if known, alleged to
be liable to the injured party, if known, for the injuries sustained
prior to the payment of any moneys to such injured person, his attorneys
or legal representative, as compensation for such injuries. Such hospital
shall send by registered mail with return receipt requested a copy of
such notice to any insurance carrier, if known, which has insured such
person, firm or corporation against such liability. (L. 1941 p. 371 § 11)
Any person or persons, firm or firms, corporation or
corporations, including an insurance carrier, making any payment to such
patient or to his attorneys or heirs or legal representatives as
compensation for the injury sustained, after the receipt of such notice
in accordance with the requirements of section 430.240, without paying to
such hospital the amount of its lien or so much thereof as can be
satisfied out of fifty percent of the moneys due to such patient under
any final judgment or compromise or settlement agreement after paying the
amount of attorneys' liens, federal and Missouri workers' compensation
liens, and any prior liens, shall have a period of one year, after such
settlement is made known to the hospital, from the date of payment to
such patient or his heirs, attorneys or legal representatives, as
aforesaid, be and remain liable to such hospital for the amount which
such hospital was entitled to receive, as aforesaid, and any such
association, corporation or other institution maintaining such hospital
may, within such period, enforce its lien by a suit at law against such
person or persons, firm or firms, corporation or corporations making any
such payment. (L. 1941 p. 371 § 111)
Whenever any person indebted to the state of Missouri is
insolvent, or whenever the estate of any deceased debtor in the hands of
the executors or administrators is insufficient to pay all the debts due
from the deceased, the debts due to the state of Missouri shall be first
satisfied, and the priority hereby established shall extend as well to
cases in which a debtor not having sufficient property to pay all his
debts makes a voluntary assignment thereof, or in which the estate and
effects of an absconding, concealed or absent debtor are attached by
process of law, as to cases in which an act of bankruptcy is committed;
provided, that nothing in sections 430.330 to 430.350 contained shall be
construed to interfere with the priority of the United States as secured
by law, or with the priority for the payment of claims in decedents'
estates as prescribed by section 473.397, RSMo. (RSMo 1939 § 3542, A.L.
1980 S.B. 637)
Prior revisions: 1929 § 3152; 1919 § 7212; 1909 § 8208
Effective 1-1-81
CROSS REFERENCES: Assessments, forfeitures under banking laws, priority
on insolvency of corporation, RSMo 361.190 Benefit assessments for
special road districts, lien on property, RSMo 233.225, 233.240, 233.370
Every executor, administrator, assignee or other person who pays
any debt due by the person or estate for whom or for which he acts before
he satisfies and pays the debts due to the state of Missouri from such
person or estate, shall become answerable in his own person and estate
for the debt so due to the state of Missouri, or so much thereof as may
remain due and unpaid. (RSMo 1939 § 3543)
Prior revisions: 1929 § 3153; 1919 § 7213; 1909 § 8209
Whenever the principal in any bond given to the state of
Missouri is insolvent, or whenever such principal being deceased, his
estate and effects which come to the hands of his executor, administrator
or assignee are insufficient for the payment of his debts, and in either
of such cases, any surety on the bond, or the executor, administrator or
assignee of such surety, pays to the state of Missouri the money due upon
such bond, said surety, his executor or administrator or assignee, shall
have the like priority for the recovery and receipt of the moneys out of
the estate and effects of such insolvent or deceased principal as is
secured to the state of Missouri, and may bring and maintain a suit upon
the bond in law or equity in his own name for the recovery of all moneys
paid thereon. (RSMo 1939 § 3544)
Prior revisions: 1929 § 3154; 1919 § 7214; 1909 § 8210
1. All corporations shall make payment to their employees and
other operatives, of wages due for all labor and services performed by
them, within three months next preceding a demand made therefor, not
exceeding one hundred dollars, in preference to any other claim, debts or
demands whatsoever, not secured by specific liens on property; and such
priority of payment may be enforced by civil action.
2. Payment of wages shall be made on or before the fifteenth day of each
month for the full amount of all wages earned previous to the first day
of that month, with interest at six percent, if not paid, to be added to
the amount of said wages when paid or recovered by suit.
3. All debts due employees or operatives for wages of their labor shall
have priority of payment from the money and assets of the corporations in
the hands of officers or agents or any receiver or assignee, over every
other claim not specifically secured.
4. Every corporation, officer, agent, receiver, assignee, or person
holding money or assets, refusing to recognize the priority of employees'
claims, shall be liable to such employees for the amount of all loss and
damages occasioned by his unlawfully withholding the money. (RSMo 1939 §
5063)
Prior revisions: 1929 § 4587; 1919 § 9779; 1909 § 3019
CROSS REFERENCE: Laborers and servants preferred creditors, when, RSMo
513.055 to 513.065
As used in sections 430.400 to 430.407, the following terms mean:
(1) "Customer", any individual or entity who causes a plastic fabricator
to fabricate, cast or otherwise make a die, mold, form, or pattern; or
who causes a plastic fabricator to use a die, mold, form or pattern to
manufacture, assemble, or otherwise make a plastic product;
(2) "Plastic fabricator", any individual or entity who fabricates, casts
or otherwise makes a die, mold, form or pattern; or who uses a die, mold,
form or pattern to manufacture, assemble, or otherwise make a plastic
product. (L. 1984 H.B. 975 § 1)
Every plastic fabricator shall have a lien dependent on
possession on any die, mold, form or pattern in his possession belonging
to the customer for the amount due from such customer for plastic
fabrication work performed upon the die, mold, form or pattern. A plastic
fabricator may retain possession of the die, mold, form or pattern until
such amount due is paid or until such time as* the customer has posted
with the clerk of the circuit court of the county in which the mold is
located a bond in an amount equal to the amount in dispute. Such lien
shall have priority over any other unperfected security interest or right
in or to the mold, die, form or pattern. (L. 1984 H.B. 975 § 2)
*Word "as" does not appear in original rolls.
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)
1. If the sale is for a sum greater than the amount of the lien,
any excess shall be paid to the customer and any prior lienholder. In the
event that the proceeds of the sale are insufficient to satisfy the lien,
the plastic fabricator shall be entitled to a personal judgment for the
deficiency against the customer.
2. No sale shall be made under sections 430.400 to 430.407 if it would be
in violation of any right of a customer under federal patent or copyright
law, but the judge may order the customer to fully satisfy his
indebtedness to the plastic fabricator prior to release of the mold to
the customer. (L. 1984 H.B. 975 §§ 4, 5)
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