430.405. Suit to enforce lien, customer's alternatives--counterclaim, effect.
Suit to enforce lien, customer's alternatives--counterclaim, effect.
430.405. In any suit to enforce a lien under sections430.400 to 430.407, the customer may be allowed to pay into courtthe amount claimed by the lienor, and such additional amount, tocover interest and costs, as the court may direct. In thealternative the customer may file a written undertaking, with twoor more securities, to be approved by the court, to the effectthat he will pay any judgment that may be recovered, togetherwith costs, and on the payment of such money into the court, orthe approval of such undertaking, the court shall orderpossession of the mold to be returned to the customer, and anymoney so paid shall be subject to the final decree of the court.In the event that a counterclaim is filed in any action describedin sections 430.400 to 430.407 and that counterclaim is relatedto the work performed by the lienor, then the lienor shall besubject to the provisions of this section before any lien undersections 430.400 to 430.407 can be enforced.
(L. 1984 H.B. 975 § 3)