In states like Missouri, serving a Notice of Intent is a mandatory step prior to filing a mechanics lien. This is to ensure that property owners are given a formal warning about one’s intention to file a mechanics lien, potentially allowing them to settle a payment dispute before such a claim gets recorded.
This step-by-step guide walks you through the process of serving a valid Notice of Intent to Lien in Missouri.
Parties who have no direct contract with the property owner must serve a Notice of Intent to lien prior to filing a mechanics lien. According to
Subcontractors, material suppliers, and other parties who have no direct contract with the owner and fail to serve a Notice of Intent will lose their lien rights over the project in question. Serving the notice of intent is a critical step for these parties, so failing to serve this required pre-lien notice on time is essentially equivalent to relinquishing their lien rights.
The Notice of Intent to Lien should include the following information:
You should also include a clear statement saying that you intend to record a mechanics lien in 10 days if payment is not made.
Serving the Missouri Notice of Intent must be done via the county sheriff’s office. Service fees vary per county, so you may want to call the sheriff’s office ahead to know the exact cost for serving a Notice of Intent in your county.
If the property owner lives out of state or if they cannot be found, you may file the Notice of Intent in the recorder’s office of the county where the property is located. The filing fees also vary depending on the county, but they usually range between $21.00 to $24.00 for the first page, plus $3.00 for additional pages.
Note that the Missouri Notice of Intent must be served at least 10 days before filing the mechanics lien, and no later than 10 days before the mechanics lien filing deadline. This filing deadline falls on the 6th month after your last day of work.
To avoid potential compliance issues, it is best practice to serve a Notice of Intent to Lien early. Do not wait until the last minute because you might risk missing the deadline altogether. The deadline for filing a mechanics lien will not get extended if you serve a notice of intent late, so be sure to fulfill this requirement way before the deadline.
The notice of intent must clearly state your plan to file a mechanics lien if payment is not made within 10 days. This intention should be properly communicated to the property owner so they know that they are being given an ultimatum and a final chance to settle the payment dispute before a mechanics lien is filed against their property.
If serving a notice of intent does not prompt the property owner to release your payment, then you should go ahead and file a Missouri mechanics lien. Filing a mechanics lien is the most effective method to recover payment from delinquent clients. You will have a better chance of getting paid once you record a mechanics lien.
