Missouri Notice of Intent to File a Mechanic's Lien

Mechanic's lien claimants who have not contracted directly with the owner (or the owner's agent) of the subject property must ensure proper notice is delivered to these parties before claiming a lien. In Missouri, the proper form of notice is a document called a Notice of Intent to File a Mechanic's Lien.

Every person except the original contractor shall give ten (10) days' notice before filing the lien, to the owner, owners or agent, or either of them, that he holds a claim against such building or improvement. R.S.M.O. 429.100.

The notice must set forth the party responsible for paying, identify the owner and lien claimant, the common name and address, and legal description of the subject property, a description of work or services provided including dates, the general contractor's name and address, and the amounts due along with any extras or past payment deductions noted. Id.

Any officer authorized by law to serve process in civil actions, or by any person who would be a competent witness may serve the notice. Id. When the Notice is served by an officer, his official endorsed return counts as proof of service. Id. If served by any other person, the fact of such service must be verified by affidavit. Id.

This article is provided for informational purposes only and should not be considered legal advice or relied upon as a substitute for speaking with a legal professional. If you have any questions about drafting a notice of intent to file a lien, or any other issues related to liens in Missouri, please speak with a qualified attorney.

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