Any person who records or files in the office of a filing officer:

(1) Any document purporting to create a nonconsensual common law lien against real or personal property; or

Terms Used In Missouri Laws 428.135

  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • person: may extend and be applied to bodies politic and corporate, and to partnerships and other unincorporated associations. See Missouri Laws 1.020

(2) A notice of invalid lien pursuant to subsection 2 of section 428.110 with respect to a valid lien and which the filer knew to be false at the time of filing;

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shall be liable to the damaged party for actual damages or five thousand dollars, whichever is greater plus costs and reasonable attorney’s fees.

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