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MISSOURI STATUTES AND CODES

513.055. Employees and laborers preferred creditors.

Employees and laborers preferred creditors.

513.055. 1. Hereafter when the property of any company,corporation, firm or person shall be seized upon by any processof any court of this state, or when their business shall besuspended by the action of creditors, or be put into the hands ofa receiver or trustee, then in all such cases the debts owing tolaborers or servants, which have accrued by reason of their laboror employment, to an amount not exceeding one hundred dollars toeach employee, for work or labor performed within six months nextpreceding the seizure or transfer of such property, shall beconsidered and treated as preferred debts, and such laborers oremployees shall be preferred creditors, and shall be first paidin full; and if there be not sufficient to pay them in full, thenthe same shall be paid to them pro rata, after paying costs.

2. Any such laborer or servant desiring to enforce his orher claim for wages under this section shall present a statementunder oath showing the amount due after allowing all just creditsand setoffs, the kind of work for which such wages are due, andwhen performed, to the officer, person or court charged with suchproperty, within ten days after the seizure thereof on anyexecution or writ of attachment, or within thirty days after thesame may have been placed in the hands of any receiver ortrustee; and thereupon it shall be the duty of the person orcourt receiving such statement to pay the amount of such claim orclaims to the person or persons entitled thereto, after firstpaying all costs occasioned by the seizure of such property, outof the proceeds of the sale of the property seized; provided,that any person interested may contest any such claim or claims,or any part thereof, by filing exceptions thereto, supported byaffidavit, with the officer having the custody of such property;and thereupon the claimant shall be required to reduce his claimto judgment before some court having jurisdiction thereof beforeany part thereof shall be paid.

(RSMo 1939 § 1332)

Prior revisions: 1929 § 1168; 1919 § 1619; 1909 § 2188

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