428.115. Lien claimant may petition court, procedure.
Lien claimant may petition court, procedure.
428.115. Any person who attempts to file a lien against real orpersonal property that is rejected pursuant to subsection 1 of section428.110 may petition the circuit court of the county of the filing officerthat rejected such lien for an order, which may be granted ex parte,directing the filing officer to file or record the lien pending a hearingon whether the lien constitutes a nonconsensual common law lien. The lienclaimant shall appear before the court as the petitioner within tenbusiness days following the date of service of the petition and order onthe filing officer, and show cause, if any, why the lien should not bedeclared void and other relief provided for by section 428.125 should notbe granted. The petition shall state the grounds upon which relief isrequested, and shall be supported by the affidavit of the petitioner or thepetitioner's attorney setting forth a concise statement of the facts uponwhich the claim for relief is based.
(L. 1996 S.B. 869 § D-3)