HB 1010 -- Lien Titles on Motor Vehicles for Storage or Repair
Fees

Sponsor:  Faith

This bill changes the laws regarding the placement of liens on
motor vehicles, trailers, outboard motors, aircrafts, and vessels
for storage or repair fees.  In its main provisions, the bill:

(1)  Defines "affidavit" as a written declaration made under oath
before a notary public or authorized official as required by the
Director of the Department of Revenue under Chapters 301 and 306,
RSMo;

(2)  Allows a lienholder to apply for a lien title if the
lienholder has notified the owner and any lienholder of record,
by certified mail, that an application for a lien title will be
made unless the owner or lienholder makes satisfactory
arrangements within 45 days or if the notice by certified mail
has been returned marked "not forwardable" or "addressee
unknown";

(3)  Allows a lienholder to apply for a lien title after notice
by certified mail has been sent and not returned accompanied by
an affidavit from the lienholder that written notice was provided
to all owners and lienholders and a copy of the written notice
given by certified mail evidencing the notice was sent;

(4)  Allows the department director to issue a lien title upon
satisfaction that the application is genuine and no lienholder or
owner has redeemed the item or demanded a hearing.  Currently,
the department director must notify the owner and lienholder upon
receipt of the application; and

(5)  Allows the owner or lienholder, within 10 days of receiving
notification that an entity is applying for a lien title, to file
a petition in the associate circuit court in the county where the
item is stored to determine if the item was wrongfully taken or
withheld from the owner.  The department director cannot issue a
lien title until the petition is finally decided.

Missouri House of Representatives
95th General Assembly, 1st Regular Session
Last Updated November 17, 2009 at 9:26 am