428.105. Definitions. - Missouri Statutes

Definitions.

428.105. 1. For the purposes of sections 428.105 to 428.135:

(1) "Court" is the United States Supreme Court, Federal Courts ofAppeal, Federal District Courts, Federal Magistrates, FederalAdministrative Courts, Missouri supreme court, Missouri courts of appeal,Missouri circuit courts, and Missouri associate circuit courts but shallnot include municipal courts;

(2) "Filing officer" is the secretary of state, the recorder of deedsof any county, the circuit clerk of any county or any public official orauthorized employee required by law to accept for filing and keep as apublic record any lien, deed, instrument, judgment or other document,whether in paper, electronic or other form, required to be filed orrecorded under the laws of this state;

(3) "Nonconsensual common law lien" is a document that purports toassert a lien against the assets, real or personal, of any person and that,regardless of any self-description:

(a) Is not expressly provided for by a specific state or federalstatute;

(b) Does not depend upon the consent of the owner of the propertyaffected or the existence of a contract for its existence; and

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

2. Nothing in sections 428.105 to 428.135 shall be construed tocreate a lien or interest in property not otherwise existing under state orfederal law.

3. Nothing in sections 428.105 to 428.135 shall be construed topermit a municipal court to create a lien or interest in property nototherwise existing under state or federal law.

(L. 1996 S.B. 869 § D-1)