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Can you summarize MORS 429.014?
Statutory Liens Against Real Estate > Lien fraud, penalties claim against original contract, when.
Short Summary
This legal document pertains to lien fraud and penalties in the context of debtor-creditor relations and statutory liens against real estate in Missouri. It states that any original contractor, subcontractor, or supplier who fails or refuses to pay subcontractors, materialmen, suppliers, or laborers for services or materials provided with the intent to defraud commits the offense of lien fraud, regardless of whether the lien was perfected or filed within the allowed time. Additionally, a property owner or lessee who pays a subcontractor, materialman, supplier, or laborer for services or goods claimed pursuant to a lien, for which the original contractor, subcontractor, or supplier has been paid, shall have a claim against the original contractor, subcontractor, or supplier who failed or refused to pay the subcontractor, materialman, supplier, or laborer. The penalties for lien fraud vary based on the amount of the lien filed or the aggregate amount of all liens filed on the subject property. If the amount exceeds five hundred dollars, lien fraud is a class D felony; otherwise, it is a class A misdemeanor. If no liens are filed, lien fraud is also a class A misdemeanor.
Whom does it apply to?
Original contractors, subcontractors, suppliers, property owners, lessees
What does it govern?
Lien fraud, penalties
What are exemptions?
No exemptions are mentioned.
What are the Penalties?
Class D felony if the amount of the lien filed or the aggregate amount of all liens filed on the subject property as a result of the conduct described in subsection 1 of this section is in excess of five hundred dollars, otherwise lien fraud is a class A misdemeanor. If no liens are filed, lien fraud is a class A misdemeanor.
Jurisdiction
Missouri