428.120. Petition to declare lien invalid, procedure.
Petition to declare lien invalid, procedure.
428.120. Any person who has real or personal property or an interesttherein, which is subject to a recorded nonconsensual common law lien, whobelieves such lien is invalid, may petition the circuit court of the countyin which the lien has been recorded or filed for an order, which may begranted ex parte, directing the lien claimant to appear before the courtwithin ten business days following the date of service of the petition andorder on the lien claimant, and show cause, if any, why the claim of lienshould not be declared void and other relief provided for by section428.125 should not be granted. The petition shall state the grounds uponwhich relief is requested, and shall be supported by the affidavit of thepetitioner or the petitioner's attorney setting forth a concise statementof the facts upon which the claim for relief is based.
(L. 1996 S.B. 869 § D-4)