Mo. Rev. Stat. » Chapter 429
Missouri Revised Statutes

Mo. Rev. Stat. § 429.170 (2026)

Actions commenced in six months

✓ current as of May 2026
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  429.170.  Actions commenced in six months. — All actions under sections 429.010 to 429.340 shall be commenced within six months after filing the lien, and prosecuted without unnecessary delay to final judgment; and no lien shall continue to exist by virtue of the provisions of said sections, for more than six months after the lien shall be filed, unless within that time an action shall be instituted thereon, as herein prescribed.

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(RSMo 1939 § 3562, A.L. 1959 S.B. 257 & 295)

Prior revisions: 1929 § 3172; 1919 § 7232; 1909 § 8228

(1953) Where lien appears of record, the timely filing of a suit to enforce same may be treated as a cross bill to a previously filed equitable lien action and should be consolidated with such action on application or on court's own motion. E.  C. Robinson Lumber Co. v. Baugher (A.), 258 S.W.2d 259.

(1954) Where contract for machines to be attached to realty was made with one corporation which was later dissolved and machines thereunder were delivered to and accepted by another corporation having same name, suit for mechanic's lien timely filed against first corporation which was not then in existence held timely. Drew's Hdw. & App. Co. v. Willis Housing Projects (A.), 268 S.W.2d 596.

(1956) Where ninetieth day for filing mechanic's lien occurred on Decoration Day, May 30, which was Sunday, the time for filing under § 506.060 was extended until Tuesday, June 1, because Monday became the holiday under § 9.010.  Hermann v. Dixon (A.), 285 S.W.2d 716.

(1963) Where both the property owner and subcontractor were made parties defendant in action to establish and enforce materialman's lien and petition was filed and process issued within six months' period, suit was timely although service was not had on subcontractor within six months' period.  Continental Electric Co. v. Ebco (A.), 365 S.W.2d 746.

(1964) In suit in equity to enforce mechanic's lien where another lien claimant filed application asking for order joining claimant as party defendant and filed no further pleading, application was not timely commencement of action as required by sections 429.170 and 429.310 to preserve claimant's lien.  Truog v. Elbel Construction Co. (A.), 374 S.W.2d 612.

(1964) Although action to enforce lien was commenced within statutory period, materialman's unexcused neglect for a period in excess of the period of limitation after first summons was issued against necessary party and returned unserved to request issuance of alias summons was fatal to the action.  Continental Electric Co. v. Ebco, Inc. (Mo.), 375 S.W.2d 134.

Notes of Decisions
Cited in 36 cases, 1954–2017 · leading case: J.H. Berra Paving Co. v. City of Eureka, 50 S.W.3d 358 (Mo. Ct. App. 2001).
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J.H. Berra Paving Co. v. City of Eureka, 50 S.W.3d 358 (Mo. Ct. App. 2001). · cites it 21× “City claims the trial court erred in granting the motion because: (1) the trial court was without jurisdiction to enforce Berra’s mechanic’s lien due to Berra’s failure to join City as a necessary party within the applicable statute of limitations under section 429.170 RSMo…”
West Cent. Concrete, LLC v. Reeves, 310 S.W.3d 778 (Mo. Ct. App. 2010). · cites it 20× “West Central maintains that the findings included in the trial court’s judgment are inconsistent with the docket entries and that the trial court erred by failing to include a finding in its judgment that West Central’s delay in securing service on Reeves was “unnecessary” as…”
Major Lumber Co. v. G & B Remodeling, Inc., 817 S.W.2d 474 (Mo. Ct. App. 1991). · cites it 12× “Svetlic as trustee, filed a motion to dismiss Major Lumber’s petition on grounds that the six-month statute of limitation for enforcing a mechanics lien, as set out in § 429.170 RSMo Supp. 1990, 2 expired. The applicable federal bankruptcy provisions are now set out by way of…”
Sachs Elec. Co. v. HS Constr. Co., 86 S.W.3d 445 (Mo. Ct. App. 2002). · cites it 11× “By the plain terms of Section 429.170, RSMo 2000, Jarrell was obliged to file its action with[in] six months after filing notice of hen with the Circuit Clerk.”
Home Bldg. Corp. v. Ventura Corp., 568 S.W.2d 769 (Mo. 1978). · cites it 7× “The second threshold issue involves the question of whether HBC commenced this action within six months after filing its lien statement as required by § 429.170. Authority recognizes that the suit actually was filed within the six month deadline but it claims that HBC did not…”
Trilogy Dev. Co. v. BB Syndication Servs., Inc., 468 B.R. 854 (Bankr. W.D. Mo. 2011). · cites it 13× “8 It is undisputed that Gould Evans did not file a timely action pursuant to Mo.Rev.Stat. § 429.170, nor did it file a Notice of Continued Perfection in the bankruptcy case under 11 U.”
Webcon Grp., Inc. v. S.M. Props., L.P., 1 S.W.3d 538 (Mo. Ct. App. 1999). · cites it 5× “The trial court held that Webcon failed to comply with the requirements of Section 429.170 RSMo because it filed its action to perfect its mechanic’s hen within six months after filing the hen, but failed to join the record owner of the property, William Wade, Trustee, as a…”
Cont'l Elec. Co. v. Ebco, Inc., 375 S.W.2d 134 (Mo. 1964). · cites it 7× “This action against Ebco and Ford was filed in the Clay County Circuit Court on February 5, 1960, well within the 6-month limitation prescribed by Section 429.170 RSMo 1959, V.A.M.S. Summons issued on the same date.”
Cent. Wholesale Distributors, a Div. of Topeka Lumber, Inc. v. Day, 672 S.W.2d 88 (Mo. Ct. App. 1984). · cites it 6× “The Missouri Supreme Court noted that the lien statement had been filed on December 23,1959 and an action against Ebco and Ford was commenced on February 5, 1960, both such actions being well within the six-month limitation period prescribed by § 429.170, RSMo 1959 (now 1978).…”
Collector of Revenue ex rel. Dir. of Collections v. Parcels of Land Encumbered with Delinquent Land Tax Liens, 453 S.W.3d 746 (Mo. 2015). · cites it 5× “2010) (“Section 429.170 requires an action to enforce a mechanic’s hen ‘shall be commenced within six months after filing the lien, and prosecuted without unnecessary delay.”
EC Robinson Lumber Co. v. Lowrey, 276 S.W.2d 636 (Mo. Ct. App. 1955). · cites it 4× “Mercantile insists that the judgment was erroneous, insofar as it subjected the real estate to a materialman’s lien, (1) because it was not shown that “the act that subjected the land to the lien was the joint act of tenants by (the) entirety” and (2) because (as Mercantile…”
Frank Dusselier Basement Builders, Inc. v. Gwico Builders, Inc., 449 S.W.2d 865 (Mo. Ct. App. 1969). · cites it 14× “This defendant filed a motion to dismiss plaintiff’s amended petition on the ground that the action was barred by the statute of limitations (Section 429.170, V.A.M.S.). The trial court sustained the motion and dismissed the amended petition with prejudice.”
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