2009 Missouri Revised Statutes
Title XXVII DEBTOR-CREDITOR RELATIONS
Chapter 429 Statutory Liens Against Real Estate
429.110. When owner nonresident--notice, how given.

When owner nonresident--notice, how given.

429.110. Whenever property is sought to be charged with a lien under sections 429.010 to 429.340, and the owner of the property so sought to be charged shall not be a resident of this state, or shall have no agent in the county in which said property is situate, or when such owner shall be a resident of the state, but conceals himself, or has absconded, or absents himself from his usual place of abode, so that the notice required by section 429.100 cannot be served upon him, then, and in every such case, such notice may be filed with the recorder of deeds of the county in which such property is situate, and when filed shall have like effect as if served upon such owner or his agent in the manner contemplated by section 429.100; and a copy of such notice so filed, together with the certificate of such recorder of deeds that the same is a correct copy of the notice so filed, shall be received in all courts of this state as evidence of the service, as herein provided, of such notice; and the recorder of deeds in each county of this state shall receive, file and keep every such notice so presented to him for filing, and shall further record the same at length in a separate book appropriately entitled; and for such service so performed, such recorder shall receive for each notice the sum of twenty-five cents, and for each copy so certified as aforesaid of each of said notices, shall receive the sum of fifty cents, to be paid by the party so filing or procuring such certified copy, as the case may be, and the costs of filing and of one certified copy shall be taxed as costs in any lien suit to which the same pertains, to abide the result of the suit.

(RSMo 1939 § 3566)

Prior revisions: 1929 § 3176; 1919 § 7236; 1909 § 8232

(1956) Evidence to establish circumstances prescribed by this section is necessary to judgment where notice required by § 429.100 is not given. Hertel Electric Co. v. Gabriel (A.), 292 S.W.2d 95.

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