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what kind of lien can i file if i am not am not a licence contractor here in Kansas city Missouri?

MissouriCollectionsMechanics LienRight to Lien

Hi I have recently have done a clean-out job on a property here in Kansas city Missouri but i am a individual not a business owner and i am wondering what kind of lien i can place on the property i have done work at because the person is refusing to pay me what they owe.

1 reply

Oct 21, 2019
Let's look at two separate topics: (1) Whether a license is required in order to file a Missouri mechanics lien; and (2) What type of work is lienable in Missouri. Do Missouri mechanics lien claimants have to be licensed? First, it's always a good idea to be licensed if licensure is required. However, it's worth noting that Missouri doesn't specifically require licensure in order to file a valid and enforceable mechanics lien. Further, even in states licensure is required, a claimant will only need to be licensed if their specific work requires licensure. And, simple handyman jobs are often excluded from licensing requirements. More on the topic here: Can Unlicensed Contractors File a Mechanics Lien? Who is entitled to mechanics lien rights in Missouri? With that being said, those who permanently improve the project property will be entitled to file a mechanics lien to ensure that they're paid what they're owed on the project. However, keep in mind that the improvement to the project property must generally be permanent in nature in order for mechanics lien rights to arise. In some cases, removing solid waste might give rise to mechanics lien rights. But, keep in mind that mere maintenance or cleaning jobs generally won't. Note also that Missouri's lien statute is silent as to whether debris removal might give rise to lien rights - though grading and excavating will explicitly give rise to mechanics lien rights. Notice of Intent to Lien Keep in mind that jumping straight into a mechanics lien filing may be a bit premature if other recovery attempts haven't been made first. Generally, a mechanics lien is the nuclear option - so, it may be helpful to try a less-adversarial recovery option first. For one, sending a simple invoice reminder could be enough to compel payment. Sometimes, it just takes a little nudge to get talks moving in the right direction. Further, sending an official demand letter could also do the trick, and can help to avoid a more-serious dispute. Further, note that sending a document like a Notice of Intent to Lien will often result in faster payment. A Notice of Intent to Lien acts like a warning shot and informs recipients that if payment isn't made son, a lien filing will take place. Considering mechanics liens are such a drastic step, Notices of Intent to Lien tend to be pretty effective. More on that idea here: What Is a Notice of Intent to Lien and Should You Send One? Additional resources I think these resources will also be helpful here: (1) Missouri Mechanics Lien Guide and FAQs (2) How to File a Missouri Mechanics Lien
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