Ky. Rev. Stat. » Chapter 376
Kentucky Revised Statutes

Ky. Rev. Stat. § 376.440 (2026)

Lien on equipment, machinery and motors for work and supplies -- Filing

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of lien statement.

(1) Any person engaged in the business of selling, repairing, or furnishing accessories, or supplies for any kind of equipment or machinery, including motors, shall have a lien on the equipment, machine, machinery, or motor, for the reasonable or agreed charges for repairs, work done, accessories, parts, and supplies furnished for the equipment, machine, machinery, or motor until the reasonable or agreed charge therefor has been paid. The lien shall not be lost by the removal of the equipment, machine, machinery or motor from the premises of the person performing labor, repairing, or furnishing accessories, parts or supplies therefor, if the lien shall be asserted within three (3) months by filing in the office of the county clerk a statement showing the amount and cost of materials furnished or labor performed on the equipment, machine, machinery, or motor. This statement shall be filed in the office of the county clerk of the county in which the owner of the equipment, machine, machinery, or motor resides, unless such owner be a nonresident, in which event the lien statement shall be filed in the office of the county clerk of the county in which such equipment, machine, machinery, or motor is at the time being kept or used.

(2) The lien provided for in this section shall attach regardless of whether or not the equipment, machine, machinery, motor, or motors, are ever upon the premises of or in the possession of the person making the repairs, furnishing the parts, or the supplies for such repairs. Effective: June 17, 1978 History: Amended 1978 Ky. Acts ch. 384, sec. 505, effective June 17, 1978. -- Created 1954 Ky. Acts ch. 102, sec. 1, effective June 17, 1954.

Notes of Decisions
Cited in 5 cases (1 in the last 5 years), 1964–2021 · leading case: ITT Com. Fin. Corp. v. Madisonville Recapping Co., 793 S.W.2d 849 (Ky. Ct. App. 1990).
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ITT Com. Fin. Corp. v. Madisonville Recapping Co., 793 S.W.2d 849 (Ky. Ct. App. 1990). · cites it 3× “KRS 376.440 requires the lien statement to be filed in the county “in which the owner of the equipment, machine, machinery or motor resides,” unless the owner is a non-resident, then the lien statement must be filed in the county where the equipment or machinery is being kept or…”
Corbin Deposit Bank v. King, 384 S.W.2d 302 (Ky. Ct. App. 1964). · cites it 2× “For the appellant it is urged that the provisions of KRS 376.440, 376.445 and 376.450 reflect that the statutory lien is to yield to the security interest.”
Pendleton v. Dealer Warehouse, Inc. (In re Pendleton), 40 B.R. 306 (Bankr. W.D. Ky. 1984). “The judgment was obtained by Roeder subsequent to their filing a statutory mechanic’s lien pursuant to KRS 376.440, and in accordance with a civil action filed January 27, 1982 to enforce said lien.”
In re Yost, 40 B.R. 962 (W.D. Ky. 1984). · cites it 5× “Simply stated, the pivotal question for this court to decide is, “Does the statute granting Whayne its lien expressly provide that a perfected security interest has priority over the statutory lien?” Whayne is claiming its interest in the proceeds through a lien granted it by…”
Lubbers v. Jurgensen, Co., No. 2:20-cv-00115 (E.D. Ky. Sept. 7, 2021). “a corporate owner resides for purposes of KRS 376.440 in the county where his registered office [by articles of incorporation] is located); National Cash Register Co.”
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