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Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 33803
Experience:  15 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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I am a sub-contractor working on a new Apartment complex in

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I am a sub-contractor working on a new Apartment complex in Kansas City, Mo. I have not been paid for a large portion of the work that I have done for the past 14 months and would like to know how to proceed. Can I file a lien on the property as a sib- contractor?
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: I thought I did. Kansas City, Missouri
JA: Has anything been filed or reported?
Customer: No
JA: Anything else you want the lawyer to know before I connect you?
Customer: No

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation.

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How long has it been since you last furnished labor or materials on the job?

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Thanks

Barrister

Customer: replied 1 month ago.
Today
Customer: replied 1 month ago.
No
Customer: replied 1 month ago.
Hello
Customer: replied 1 month ago.
Is that all there is?

I am very sorry for the delay, I had to step out of my office for a bit and was away from my computer...

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If you have furnished labor within the last 6 months, you can file a lien on the property for the amount owed.

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However, you do have to give the property owner a 10 day notice prior to filing the lien. MO Statutes 429.100. You can have the sheriff serve it on the property owner. This gives the owner an opportunity to pay the amount due or take it up with the general so it gets paid prior to you filing your lien.

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Notification by subcontractors and others.

429.100. Every person except the original contractor, who may wish to avail himself of the benefit of the provisions of sections 429.010 to 429.340, shall give ten days' notice before the filing of the lien, as herein required, to the owner, owners or agent, or either of them, that he holds a claim against such building or improvement, setting forth the amount and from whom the same is due. Such notice may be served by any officer authorized by law to serve process in civil actions, or by any person who would be a competent witness. When served by an officer, his official return endorsed thereon shall be proof thereof, and when served by any other person, the fact of such service shall be verified by affidavit of the person so serving.

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So once you send the notice, start counting Day 1 as the day following the date of the letter. Then if you haven't been paid by day 11, you can file a lien.

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You can also file a civil suit against the contractor in court and could file in small claims if they don't owe you over $5,000.

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Let me know if you have further questions..

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.

thanks

Barrister

I am very sorry for the delay, I had to step out of my office for a bit and was away from my computer...

.

If you have furnished labor within the last 6 months, you can file a lien on the property for the amount owed.

.

However, you do have to give the property owner a 10 day notice prior to filing the lien. MO Statutes 429.100. You can have the sheriff serve it on the property owner. This gives the owner an opportunity to pay the amount due or take it up with the general so it gets paid prior to you filing your lien.

.

Notification by subcontractors and others.

429.100. Every person except the original contractor, who may wish to avail himself of the benefit of the provisions of sections 429.010 to 429.340, shall give ten days' notice before the filing of the lien, as herein required, to the owner, owners or agent, or either of them, that he holds a claim against such building or improvement, setting forth the amount and from whom the same is due. Such notice may be served by any officer authorized by law to serve process in civil actions, or by any person who would be a competent witness. When served by an officer, his official return endorsed thereon shall be proof thereof, and when served by any other person, the fact of such service shall be verified by affidavit of the person so serving.

.

So once you send the notice, start counting Day 1 as the day following the date of the letter. Then if you haven't been paid by day 11, you can file a lien.

.

You can also file a civil suit against the contractor in court and could file in small claims if they don't owe you over $5,000.

.

Let me know if you have further questions..

.

.

thanks

Barrister

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