428.125. Contents of order--remedies--copy of order to be filed. - Missouri Statutes

Contents of order--remedies--copy of order to be filed.

428.125. 1. Any order rendered pursuant to section 428.115 or428.120 shall clearly state that if the lien claimant fails to appear atthe time and place noted, the claim of lien shall be declared void abinitio and released and that the lien claimant shall be ordered to pay thecosts incurred by any other party to the proceeding, including reasonableattorney's fees.

2. If, following a hearing on the matter, the court determines thatthe document at issue is a nonconsensual common law lien, the court shallissue an order declaring the lien void ab initio, releasing the lien andawarding costs and reasonable attorney's fees to the prevailing party.

3. If the court determines that the claim of lien is valid, the courtshall issue an order so stating and may award costs and reasonableattorney's fees to the prevailing party.

4. A certified copy of any order rendered pursuant to this sectionshall be filed by the circuit clerk in the office of the appropriate filingofficer.

(L. 1996 S.B. 869 § D-5)