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§42-1. Lien defined.
A lien is a charge imposed upon specific property, by which it is
made security for the performance of an act.
R.L. 1910, § 3822.
1(2''/'' $6
§42-2. Classes of liens.
Liens are either general or special.
R.L. 1910, § 3823.
§42-3. General lien.
A general lien is one which the holder thereof is entitled to
enforce as a security for the performance of all the obligations, or
all of a particular class of obligations, which exist in his favor
against the owner of the property.
R.L. 1910, § 3824.
§42-4. Special lien - Prior lien.
A special lien is one which the holder thereof can enforce only
as a security for the performance of a particular act or obligation,
and of such obligations as may be incidental thereto. Where the
holder of a special lien is compelled to satisfy a prior lien for his
own protection, he may enforce payment of the amount so paid by him,
as a part of the claim for which his own lien exists.
R.L. 1910, § 3825.
§42-5. Law applies to what.
Contracts of mortgage and pledge, are subject to all the
provisions of this chapter.
R.L. 1910, § 3826.
§42-6. Lien created, how.
A lien is created:
1. By contract of the parties; or,
2. By operation of law.
R.L. 1910, § 3827.
§42-7. Lien created by law.
No lien arises by mere operation of law until the time at which
the act to be secured thereby ought to be performed.
R.L. 1910, § 3828.
§42-8. Lien on future interest.
An agreement may be made to create a lien upon property not yet
acquired by the party agreeing to give the lien, or not yet in
existence. In such case the lien agreed for attaches from the time
when the party agreeing to give it acquires an interest in the thing
to the extent of such interest.
R.L. 1910, § 3829.
§42-9. Lien to take immediate effect.
A lien may be created by contract, to take immediate effect, as
security for the performance of obligations not then in existence.
1(2''/'' $6
R.L. 1910, § 3830.
§42-10. Lien transfers no title.
Notwithstanding an agreement to the contrary, a lien or a
contract for a lien transfers no title to the property subject to the
lien.
R.L. 1910, § 3831.
§42-11. Contracts for forfeiture of property and restraining
redemption.
All contracts for the forfeiture of property subject to a lien,
in satisfaction of the obligation secured thereby, and all contracts
in restraint of the right of redemption from a lien, are void, except
in the case specified in Section 1122.
R.L. 1910, § 3832.
§42-12. Lien does not imply obligation.
The creation of a lien does not of itself imply that any person
is bound to perform the act for which the lien is a security.
R.L. 1910, § 3833.
§42-13. Extent of lien limited.
The existence of a lien upon property does not of itself entitle
the person, in whose favor it exists, to a lien upon the same
property for the performance of any other obligation than that which
the lien originally secured.
R.L. 1910, § 3834.
§42-14. Holder of lien not entitled to compensation.
One who holds property by virtue of a lien thereon, is not
entitled to compensation from the owner thereof for any trouble or
expense which he incurs respecting it, except to the same extent as a
borrower, under Sections 1018 and 1019.
R.L. 1910, § 3835.
§42-15. Priority of liens according to date.
Other things being equal, different liens upon the same property
have priority according to the time of their creation, except in
cases of bottomry and respondentia.
R.L. 1910, § 3836.
§42-16. Priority of mortgage for price of realty.
A mortgage given for the price of real property, at the time of
its conveyance, has priority over all other liens created against the
purchaser, subject to the operation of the recording laws.
R.L. 1910, § 3837.
1(2''/'' $6%
§42-17. Order of resort for payment of prior liens.
Where one has a lien upon several things, and other persons have
subordinate liens upon or interests in, some but not all of the same
things, the person having the prior lien, if he can do so without the
risk of loss to himself, or injustice to other persons, must resort
to the property in the following order, on the demand of any party
interested:
1. To the things upon which he has an exclusive lien.
2. To the things which are subject to the fewest subordinate
liens.
3. In like manner inversely to the number of subordinate liens
upon the same thing; and,
4. When several things are within one of the foregoing classes,
and subject to the same number of liens, resort must be had,-
(a) To the things which have not been transferred since the
prior lien was created.
(b) To the things which have been so transferred without a
valuable consideration; and,
(c) To the things which have been so transferred for a valuable
consideration.
R.L. 1910, § 3838.
§42-18. Persons entitled to redeem lien - Federal right of first
refusal - Rule of construction.
Every person having an interest in property subject to a lien,
has a right to redeem it from the lien, at any time after the claim
is due, and before his right of redemption is foreclosed.
B. Neither this section nor any existing or future order or
regulation of any entity of state government or case law or common
law shall be construed as limiting or diminishing any federally
guaranteed "right of first refusal" granted by the Agricultural
Credit Act of 1987 (P.L. 100-233).
R.L. 1910, § 3839; Laws 1988, c. 100, § 1, emerg. eff. April 1, 1988.
§42-19. Holder of inferior lien - Redemption.
One who has a lien, inferior to another upon the same property,
has a right:
1. To redeem the property in the same manner as its owner might,
from the superior lien; and,
2. To be subrogated to all the benefits of the superior lien
when necessary for the protection of his interests, upon satisfying
the claim secured thereby.
R.L. 1910, § 3840.
§42-20. Redemption - How made.
Redemption from a lien is made by performing, or offering to
perform, the act for the performance of which it is a security, and
1(2''/'' $6)
paying, or offering to pay, the damages, if any, to which the holder
of the lien is entitled for delay.
R.L. 1910, § 3841.
§42-21. Lien is an accessory obligation.
A lien is to be deemed accessory to the act for the performance
of which it is a security, whether any person is bound for such
performance or not, and is extinguishable in like manner with any
other accessory obligation.
R.L. 1910, § 3842.
§42-22. Sale or conversion of property extinguishes lien.
The sale of any property on which there is a lien, in
satisfaction of the claim secured thereby, or, in case of personal
property, its wrongful conversion by the person holding the lien,
extinguishes the lien thereon.
R.L. 1910, § 3843.
§42-23. Limitation of time.
A lien is extinguished by the mere lapse of the time within
which, under the provisions of civil procedure, an action can be
brought upon the principal obligation.
R.L. 1910, § 3844.
§42-24. Partial performance as extinguishing lien.
The partial performance of an act secured by a lien does not
extinguish the lien upon any part of the property subject thereto,
even if it is divisible.
R.L. 1910, § 3845.
§42-25. Voluntary restoration as extinguishing lien.
The voluntary restoration of property to its owner, by the holder
of a lien thereon, dependent upon possession, extinguishes the lien
as to such property, unless otherwise agreed by the parties, and
extinguishes it, notwithstanding any such agreement, as to creditors
of the owner and persons subsequently acquiring title to the
property, or a lien thereon, in good faith and for a good
consideration.
R.L. 1910, § 3846.
§42-26. Vendor's lien for price of realty.
One who sells real property has a special or vendor's lien
thereon, independent of possession, for so much of the price as
remains unpaid and unsecured, otherwise than by the personal
obligation of the buyer, subject to the rights of purchasers and
encumbrancers, in good faith, without notice.
R.L. 1910, § 3847.
1(2''/'' $6+
§42-27. Waiver of vendor's lien.
Where the buyer of real property gives to the seller a written
contract for payment of all or part of the price, an absolute
transfer of such contract by the seller, waives his lien to the
extent of the sum payable under the contract, but a transfer of such
contract in trust to pay debts, and return the surplus, is not a
waiver of the lien.
R.L. 1910, § 3848.
§42-28. Validity of liens of vendors and purchasers.
The liens defined in Sections 3847 and 3851 are valid against
everyone claiming under the debtor, except a purchaser or
encumbrancer in good faith, and for value.
R.L. 1910, § 3849.
§42-29. Repealed by Laws 1961, p. 181, § 10-102 (Uniform Commercial
Code, Title 12A, § 10-102).
§42-30. Lien of purchaser of real property.
One who pays to the owner any part of the price of real property,
under an agreement for the sale thereof, has a special lien upon the
property, independent of possession, for such part of the amount paid
as he may be entitled to recover back in case of a failure of
consideration.
R.L. 1910, § 3851.
§42-31. Lien of factor.
A factor has a general lien, dependent on possession, for all
that is due to him as such, upon all articles of commercial value
that are entrusted to him by the same principal.
R.L. 1910, § 3853.
§42-32. Banker's lien.
A banker has a general lien, dependent on possession, upon all
property in his hands belonging to a customer, for the balance due to
him from such customer in the course of the business.
R.L. 1910, § 3854.
§42-33. Special lien of officer levying attachment or execution.
An officer, who levies an attachment or execution upon personal
property, acquires a special lien, dependent on possession, upon such
property, which authorizes him to hold it until the process is
discharged or satisfied, or a judicial sale of the property is had.
R.L. 1910, § 3855.
§42-34. Other liens.
1(2''/'' $6.
Innkeepers, boarding housekeepers, attorneys-at-law and others,
have liens which are defined and regulated.
R.L. 1910, § 3856.
§42-35. Judgment liens.
The lien of a judgment is regulated by civil procedure.
R.L. 1910, § 3857.
§42-36. Repealed by Laws 1961, p. 181, § 10-102 (Uniform Commercial
Code, Title 12A, § 10-102).
§42-37. Repealed by Laws 1961, p. 181, § 10-102 (Uniform Commercial
Code, Title 12A, § 10-102).
§42-38. Repealed by Laws 1961, p. 181, § 10-102 (Uniform Commercial
Code, Title 12A, § 10-102).
§42-39. Keeper of inn, hotel, boardinghouse, or rooming house - Lien
on baggage and other property - Limitation - Enforcement.
The keeper of any inn, hotel, boardinghouse, or rooming house,
whether individual, partnership or corporation, shall have a lien on
the baggage and other property in and about such inn, brought to the
same by or under the control of his guest or boarders for the proper
charges due him from such guests or boarders for accommodation, board
and lodging, and for all money paid for or advanced to them, not to
exceed the sum of Two Hundred Dollars ($200.00), and for such other
extras as are furnished at the request of such guests, and said
innkeeper, hotelkeeper or rooming house keeper shall have the right
to detain such baggage and other property until the amount of such
charges are paid and such baggage and other property shall be exempt
from attachment or execution until such innkeeper's lien and the cost
of satisfying it are paid. The innkeeper, boardinghouse or
hotelkeeper or rooming house keeper shall retain such baggage and
other property upon which he has a lien for a period of ninety (90)
days, at the expiration of which time, if the lien is not satisfied,
he may sell such baggage and other property at public auction, first
giving notice of the time and place of sale by posting at least three
notices thereof in public places in the county where the inn or hotel
is situated, and also by mailing a copy of such notice addressed to
said guest or boarder at the place of residence designated by the
register of such inn or hotel. And after satisfying the lien and any
costs that may accrue, any residue remaining shall, on demand, within
six (6) months, be paid to such guest or boarder, and if not so
demanded within six (6) months from date of sale, such residue shall
be deposited by such innkeeper with the treasurer of the county; said
residue shall be retained by the county treasurer for a period of one
1(2''/'' $60
(1) year, and if not claimed within that time by the owner thereof,
it shall be placed to the credit of the school fund.
Laws 1915, c. 178, § 2.
§42-40. Repealed by Laws 1986, c. 292, § 160, eff. Nov. 1, 1986.
§42-41. Repealed by Laws 1986, c. 292, § 160, eff. Nov. 1, 1986.
§42-42. Repealed by Laws 1983, c. 72, § 1, emerg. eff. April 29,
1983.
§42-43. Hospital liens in personal injury cases - Priority -
Exception.
A. Every hospital in this state, which shall furnish emergency
medical or other service to any patient injured by reason of an
accident not covered by the Workers' Compensation Code, shall, if
such injured party shall assert or maintain a claim against another
for damages on account of such injuries, have a lien upon any
recovery or sum had or collected or to be collected by such patient,
or by his or her heirs, personal representatives or next of kin in
the case of his or her death, whether by judgment or by settlement or
compromise to the amount of the reasonable and necessary charges of
such hospital for the treatment, care and maintenance of such patient
in such hospital up to the date of payment of such damages.
Provided, however, the lien shall be inferior to any lien or claim of
any attorney or attorneys for handling the claim on behalf of such
patient, his or her heirs or personal representatives; provided,
further, that the lien herein set forth shall not be applied or
considered valid against any claim for amounts due under the Workers'
Compensation Code in this state.
B. In addition to the lien provided for in subsection A of this
section, every hospital in this state, which shall furnish emergency
medical or other service to any patient injured by reason of an
accident not covered by the Workers' Compensation Code, shall have,
if the injured person asserts or maintains a claim against an
insurer, a lien for the amount due for the emergency medical or other
service upon any monies payable by the insurer to the injured person.
Provided, however, the lien shall be inferior to any lien or claim of
any attorney or attorneys for handling the claim on behalf of such
patient, his or her heirs or personal representatives; provided,
further, that the lien herein set forth shall not be applied or
considered valid against any claim for amounts due under the Workers'
Compensation Code in this state.
C. This section shall apply, in medically referred cases, to a
medical diagnostic imaging facility not affiliated with a hospital
that provides diagnostic imaging that includes, but is not limited
1(2''/'' $64
to, modalities such as Magnetic Resonance Imaging (MRI), Computed
Tomography (CT) and Positron Emission Tomography (PET).
Added by Laws 1969, c. 231, § 1, emerg. eff. April 21, 1969. Amended
by Laws 2008, c. 190, § 1, eff. Nov. 1, 2008; Laws 2012, c. 146, § 1,
eff. Nov. 1, 2012.
§42-44. Filing of notice of lien - Enforcement by civil action.
A. No such lien shall be effective unless a written notice
containing a statement of the amount claimed, the name and address of
the injured person, the date of the accident, the name and location
of the hospital, and the name of the person or persons, firm or
firms, corporation or corporations alleged to be liable to the
injured party for the injuries received, shall be filed in the office
of the county clerk of the county in which such hospital is located,
on the mechanic's and materialman's docket, prior to the payment of
any monies to such injured person, his attorneys or legal
representatives, as compensation for such injuries; nor unless the
hospital shall also send, by registered or certified mail postage
prepaid, a copy of such notice with a statement of the date of filing
thereof to the person or persons, firm or firms, corporation or
corporations alleged to be liable to the injured party for the
injuries sustained prior to the payment of any monies to such injured
person, the injured person's attorneys or legal representatives, as
compensation for such injuries. Such hospital shall mail a copy of
such notice to any insurance carrier which has insured such person,
firm or corporation against such liability, if the name and address
shall be known. Such hospital shall also send, by registered or
certified mail, a copy of such notice to such patient upon whom
emergency medical or other service has been performed, if the name
and address of such patient shall be known to the hospital or can
with reasonable diligence be ascertained. A copy of said notice
shall be mailed to any attorney for the patient, provided that the
hospital has notice of the name of such attorney.
B. The liens provided for in this section and Section 43 of this
title may be enforced by civil action in the district court of the
county where the lien was filed. Such an action shall be brought
within one (1) year after the hospital becomes aware of final
judgment, settlement or compromise of the claim asserted or
maintained by or on behalf of the injured person. The practice,
pleading and proceedings in the action shall conform to the rules
prescribed by the Oklahoma Pleading Code to the extent applicable.
Added by Laws 1969, c. 231, § 2, emerg. eff. April 21, 1969. Amended
by Laws 1978, c. 68, § 1, eff. Oct. 1, 1978; Laws 1994, c. 202, § 1,
eff. Sept. 1, 1994; Laws 2018, c. 195, § 1, emerg. eff. May 3, 2018.
§42-45. Insurance agent's lien.
1(2''/'' $6
A. Every insurance agent licensed as such under the laws of this
state who shall pay the premium on any policy of insurance to an
insurer for and on behalf of any person to whom such policy is issued
shall have a lien upon all refunds, proceeds or other funds payable
to the insured under the provisions of such policy for all sums due
the agent for the premium on any policy of insurance procured by the
agent for the insured.
B. No such lien shall be effective unless a written statement
setting forth the amount claimed, identifying the insurance policy or
policies against which the lien is asserted, and containing the name
and address of the insured, the insurer, and the agent shall be filed
in the office of the county clerk of the county in which the insured
resides or has its principal place of business. The statement shall
be signed by the insurance agent and verified by affidavit. The
statement shall be recorded by the county clerk on the mechanics and
materialman's lien docket.
C. Immediately upon filing the lien statement, the insurance
agent shall mail, by certified or registered mail, postage prepaid, a
copy of such statement with a statement of the date of filing thereof
to the insured and the insurer at the address indicated for each on
the insurance policy or policies against which the lien is asserted
or at their last-known address if a later address is known.
D. Upon receipt of a copy of such lien statement the insurer or
insurers named in the statement shall withhold from any sums
thereafter payable to the insured under the provisions of any policy
identified in the statement an amount equal to the claim of the
insurance agent until the lien is released or otherwise discharged in
proceedings to enforce the lien.
Added by Laws 1985, c. 136, § 1, eff. Nov. 1, 1985.
§42-46. Physician's lien.
A. Every physician who performs medical services or any other
professional person who engages in the healing arts, within their
scope of practice pursuant to Title 59 of the Oklahoma Statutes for
any person injured as a result of the negligence or act of another,
shall, if the injured person asserts or maintains a claim against
such other person for damages on account of such injuries, have a
lien for the amount due for such medical or healing arts services
upon that part going or belonging to the injured person of any
recovery or sum had or collected or to be collected by the injured
person, or by the heirs, personal representative, or next of kin of
the injured person in the event of his death, whether by judgment,
settlement, or compromise. Such lien shall be inferior to any lien
or claim of any attorney handling the claim for or on behalf of the
injured person. The lien shall not be applied or considered valid
against any claim for amounts due pursuant to the provisions of Title
85A of the Oklahoma Statutes.
1(2''/'' $6
B. In addition to the lien provided for in subsection A of this
section, every physician or professional person licensed under Title
59 of the Oklahoma Statutes who performs medical or healing arts
within their scope of practice for any person injured as a result of
the negligence or act of another, shall have, if the injured person
asserts or maintains a claim against an insurer, a lien for the
amount due for such medical or healing arts services upon any monies
payable by the insurer to the injured person.
C. No lien which is provided for in this section shall be
effective unless, before the payment of any monies to the injured
person, the attorney for the injured person, or legal representative
as compensation for such injuries or death:
1. A written notice is sent setting forth a statement of the
amount claimed, identifying the insurance policy or policies against
which the lien is asserted, if any, and containing the name and
address of the physician or professional person licensed under Title
59 of the Oklahoma Statutes claiming the lien, the injured person,
and the person, firm, or corporation against whom the claim is made,
is filed on the mechanic's and materialman's lien docket in the
office of the county clerk of the county where the principal office
of the physician or professional person licensed under Title 59 of
the Oklahoma Statutes is located; and
2. The physician or professional person licensed under Title 59
of the Oklahoma Statutes sends, by registered or certified mail,
postage prepaid, a copy of such notice with a statement of the date
of filing thereof to the person, firm, or corporation against whom
the claim is made and to the injured person. The physician or
professional person licensed under Title 59 of the Oklahoma Statutes
shall also send a copy of the notice to the attorney for the injured
person, if the name and address of such attorney is known to the
physician or professional person licensed under Title 59 of the
Oklahoma Statutes.
D. The liens provided for in this section may be enforced by
civil action in the district court of the county where the lien was
filed. Such an action shall be brought within one (1) year after the
physician or professional person licensed under Title 59 of the
Oklahoma Statutes becomes aware of final judgment, settlement or
compromise of the claim asserted or maintained by or on behalf of the
injured person. The practice, pleading, and proceedings in the
action shall conform to the rules prescribed by the Oklahoma Pleading
Code to the extent applicable.
Added by Laws 1985, c. 136, § 3, eff. Nov. 1, 1985. Amended by Laws
1994, c. 202, § 2, eff. Sept. 1, 1994; Laws 2008, c. 190, § 2, eff.
Nov. 1, 2008; Laws 2018, c. 195, § 2, emerg. eff. May 3, 2018.
§42-47. Provider of seed, chemicals, pesticides, herbicides or
fertilizer - Agricultural lien.
1(2''/'' $6
A. Any person selling, furnishing, applying or providing to the
owner of crops which are growing or to be grown, any seed, chemicals,
pesticides, herbicides or fertilizer for the growing of the crops
shall, upon filing, have a lien on the crops for the amount due for
such seed, chemicals, pesticides, herbicides or fertilizer or for the
application thereof. The lien provided for in this section shall be
subject to all prior perfected liens.
B. The lien created by this section shall not be effective
unless filed as an agricultural lien pursuant to Article 9 of the
Uniform Commercial Code.
C. The lien created by this section may be foreclosed by the
sale of the crops subject to the lien anytime within twelve (12)
months after filing of the lien in accordance with the provisions of
Title 12A of the Oklahoma Statutes.
Added by Laws 1992, c. 276, § 1, eff. Sept. 1, 1992. Amended by Laws
2000, c. 371, § 170, eff. July 1, 2001; Laws 2009, c. 208, § 21, eff.
Nov. 1, 2009.
§42-48. Provider of seed, chemicals, pesticides, herbicides or
fertilizer - General agriculture commodities lien.
Any person selling, furnishing, applying or providing to the
owner of crops which are growing or to be grown any seed, chemical,
pesticide, herbicide or fertilizer for the growing of said crop shall
have a general lien upon all agricultural commodities except
livestock in his possession belonging to the owner of the crops, for
the balance due to him in the course of business. The lien provided
for in this section shall be subject to all prior perfected liens.
Added by Laws 1992, c. 276, § 2, eff. Sept. 1, 1992.
§42-49. Ambulance service provider liens.
A. Every person, company, governmental entity, or trust
authority operating an ambulance service within this state who or
which performs ambulance services for any person injured as a result
of the negligent or intentional act of another shall, if the injured
person asserts or maintains a claim against another person for
damages on account of the injuries, have a lien for the amount due
for the ambulance services upon any recovery or sum had or collected
or to be collected by the injured person or the estate of the injured
person in the event of the injured person's death, whether by
judgment, settlement, or compromise. The lien shall be inferior to
any lien or claim of any attorney representing the injured person.
The lien shall not be applied or considered valid against any claim
for amounts due pursuant to the provisions of Title 85A of the
Oklahoma Statutes.
B. In addition to the lien provided for in subsection A of this
section, every person, company, governmental entity, or trust
authority operating an ambulance service within this state who or
1(2''/'' $6
which performs ambulance services for any person injured as a result
of the negligent or intentional act of another shall have, if the
injured person asserts or maintains a claim against an insurer, a
lien for the amount due for the ambulance services upon any monies
payable by the insurer to the injured person.
C. No lien which is provided for in this section shall be
effective unless, before the payment of any monies to the injured
person or the injured person's attorney or legal representative, as
compensation for the injuries or death:
1. A written notice is sent setting forth a statement of the
amount claimed, identifying the insurance policy or policies against
which the lien is asserted, if any, and containing the name and
address of the person, company, governmental entity, or trust
authority claiming the lien, the injured person, and the person,
firm, or corporation against whom the claim is made, is filed on the
mechanic's and materialman's lien docket in the office of the county
clerk of the county where the principal office of the claimant is
located; and
2. The claimant sends, by registered or certified mail, postage
prepaid, a copy of the notice with a statement of the date of filing
thereof to the person, firm, or corporation against whom the claim is
made and to the injured person. The claimant shall also send a copy
of the notice to the attorney for the injured person, if the name and
address of the attorney is known to the claimant.
D. A lien created pursuant to this section may be enforced in a
civil action in the district court of the county where the lien was
filed. An action shall be brought within one (1) year of a final
judgment, settlement, or compromise of the claim asserted or
maintained by or on behalf of the injured person. The practice,
pleading, and proceedings in the action shall conform to the rules
prescribed by the Oklahoma Pleading Code to the extent applicable.
Added by Laws 1995, c. 194, § 5, eff. Nov. 1, 1995. Amended by Laws
1999, c. 293, § 23, eff. Nov. 1, 1999; Laws 2018, c. 195, § 3, emerg.
eff. May 3, 2018.
§42-91. Lien on certain personal property for service thereon -
Foreclosure - Notice - Purchaser - Unpaid checks - Repossession
A. 1. a. This section applies to every vehicle, all-terrain
vehicle, utility vehicle, manufactured home,
motorcycle, boat, outboard motor, or trailer that has a
certificate of title issued by the Oklahoma Tax
Commission or by a federally recognized Indian tribe in
the State of Oklahoma, except as otherwise provided in
subsection D of this section. This section does not
apply to farm equipment as defined in Section 91.2 of
this title. The items of personal property to which
this section applies are collectively referred to as
1(2''/'' $6%
"Section 91 Personal Property". If personal property
is apparently covered both by this section and by
Sections 191 through 200 of this title, the procedures
set out in this section shall apply instead of Sections
191 through 200 of this title.
b. Salvage pools as defined in Section 591.2 of Title 47
of the Oklahoma Statutes and class AA licensed wrecker
services taking possession of a vehicle pursuant to an
agreement with or at the direction of, or dispatched
by, a state or local law enforcement or government
agency, or pursuant to the abandoned vehicle renewal
provisions of Section 954A of Title 47 of the Oklahoma
Statutes, shall not be subject to the provisions of
this section, but shall be subject to the provisions of
Section 91A of this title. Unless otherwise provided
by this subparagraph, class AA licensed wrecker
services performing consensual tows shall be subject to
the provisions of this section.
2. Any person who, while lawfully in possession of an article of
Section 91 Personal Property, renders any service to the owner
thereof by furnishing storage, rental space, material, labor or skill
for the protection, improvement, safekeeping, towing, right to occupy
space, storage or carriage thereof, has a special lien thereon,
dependent on possession, for the compensation, if any, which is due
to such person from the owner for such service.
3. This special lien shall be subordinate to any perfected
security interest unless the claimant complies with the requirements
of this section. Failure to comply with any requirements of this
section shall result in denial of any title application and cause the
special lien to be subordinate to any perfected lien. Upon such
denial, the applicant shall be entitled to one resubmission of the
title application within fifteen (15) business days of receipt of the
denial, and proceed to comply with the requirements of this section.
In the event of a denial, the Notice of Possessory Lien and the
Notice of Sale may be mailed on the same day in separate envelopes
and storage charges shall only be charged from the date of
resubmission. "Failure to comply" includes, but is not limited to:
a. failure to timely provide additional documentation
supporting or verifying any entry on submitted forms as
requested by the Tax Commission, including but not
limited to United States Postal Service proof of return
receipt requested such as Form 3811 or United States
Postal Service electronic equivalent,
b. failure to provide the documentation supporting lawful
possession as defined in paragraph 3 of subsection H of
this section,
1(2''/'' $6)
c. claimant or the agent being other than the individual
who provided the service giving rise to the special
lien, as in paragraph 2 of this subsection,
d. claimant not being in possession of the vehicle,
e. notice of lien not filed in accordance with paragraph 4
of this subsection, or
f. foreclosure notification and proceedings not
accomplished in accordance with paragraph 6 of this
section.
4. Any person claiming the special lien provided in paragraph 2
of this subsection shall mail a notice of such lien, no later than
sixty (60) days after the first services are rendered, by regular,
first-class United States mail, and by certified mail, return receipt
requested, to all interested parties who reside at separate
locations. If services provided are pursuant to a contract primarily
for the purpose of storage or rental of space, the beginning date of
the sixty-day period provided in the previous sentence shall be the
first day of the first period or partial period for which rental or
storage charges remain unpaid. The notice shall be in writing and
shall contain, but not be limited to, the following:
a. a statement that the notice is a Notice of Possessory
Lien,
b. the complete legal name, physical and mailing address,
and telephone number of the claimant,
c. the complete legal name, physical and mailing address
of the person who requested that the claimant render
service to the owner by furnishing material, labor or
skill, storage, or rental space, or the date the
property was abandoned if the claimant did not render
any other service,
d. a description of the article of personal property,
including a photograph if the property is Section 91
Personal Property, and the complete physical and
mailing address of the location of the article of
personal property,
e. an itemized statement describing the date or dates the
labor or services were performed and material
furnished, and the charges claimed for each item, the
totals of which shall equal the total compensation
claimed,
f. a statement by the claimant that the materials, labor
or skill furnished, or arrangement for storage or
rental of space, was authorized by the owner of the
personal property and was in fact provided or
performed, and written proof of authority to perform
the work, labor or service, or that the property was
abandoned by the owner if the claimant did not render
1(2''/'' $6+
any other service, and that storage or rental fees will
accrue as allowed by law, and
g. the signature of the claimant which shall be notarized
and, if applicable, the signature of the claimant's
attorney. If the claimant is a business, then the name
of the contact person representing the business must be
shown. In place of an original signature and notary
seal, a digital or electronic signature or seal shall
be accepted.
5. For services rendered or vehicles abandoned on or after
November 1, 2005, storage charges or charges for rental of space ,
unless agreed to by contract as part of an overall transaction or
arrangement that was primarily for the purpose of storage of the
Section 91 Personal Property or rental of space, may only be assessed
beginning with the day that the Notice of Possessory Lien is mailed
as evidenced by certified mail. Provided, however, in the case of
contractual charges incurred for storage or rental of space in an
overall transaction primarily for the purpose of storage or rental,
charges subject to the special lien may only be assessed beginning
with a date not more than sixty (60) days prior to the day that the
Notice of Possessory Lien is mailed, and shall accrue only at the
regular periodic rate for storage or rental as provided in the
contract, adjusted for partial periods of storage or rental. The
maximum allowable compensation for storage shall not exceed the fees
established by the Corporation Commission for nonconsensual tows.
6. The lien may be foreclosed by a sale of such personal
property upon the notice and in the manner following: The Notice of
Sale shall be in writing and shall contain, but not be limited to:
a. a statement that the notice is a Notice of Sale,
b. the names of all interested parties known to the
claimant,
c. a description of the property to be sold, including a
photograph if the property is Section 91 Personal
Property and if the condition of such property has
materially changed since the mailing of Notice of
Possessory Lien required pursuant to paragraph 4 of
this subsection,
d. a notarized statement of the nature of the work, labor
or service performed, material furnished, or storage or
rental of space, and the date thereof, and the name of
the person who authorized the work, labor or service
performed, or the storage or rental arrangement, and
written proof of authority to perform the work, labor
or service, or that the property was abandoned if the
claimant did not render any other service,
e. the date, time, and exact physical location of sale,
1(2''/'' $6.
f. the name, complete physical address, mailing address,
and telephone number of the party foreclosing such
lien. If the claimant is a business, then the name of
the contact person representing the business must be
shown. In place of an original signature and notary
seal, a digital or electronic signature or seal shall
be accepted, and
g. itemized charges which shall equal the total
compensation claimed.
7. Such Notice of Sale shall be posted in two public places in
the county where the property is to be sold at least ten (10) days
before the time therein specified for such sale, and a copy of the
notice shall be mailed to all interested parties at their last-known
post office address by regular, first-class United States mail and by
certified mail, return receipt requested, at least ten (10) days
before the date of the sale. If the item of personal property is a
manufactured home, notice shall also be sent by certified mail to the
county treasurer and to the county assessor of the county where the
manufactured home is located.
8. Interested parties shall include all owners of the article of
personal property as indicated by the certificate of title issued by
the Tax Commission or by a federally recognized Indian tribe in the
State of Oklahoma; lien debtors, if any, other than the owners; any
lienholder whose lien is noted on the face of the certificate of
title; and any other person having any interest in the article of
personal property, of whom the claimant has actual notice.
9. Any interested party shall be permitted to inspect and verify
the services rendered by the claimant prior to the sale of the
article of personal property during normal business hours. The
lienholder shall be allowed to retrieve the Section 91 Personal
Property without being required to bring the title into the
lienholder's name, if the lienholder provides proof it is a
lienholder and any payment due the claimant for lawful charges where
the claimant has complied with the requirements of this section.
Upon the release of personal property to an insurer or representative
of the insurer, wrecker operators shall be exempt from all liability
and shall be held harmless for any losses or claims of loss.
10. The claimant or any other person may in good faith become a
purchaser of the property sold.
11. Proceedings for foreclosure under this act shall be
commenced no sooner than ten (10) days and no later than thirty (30)
days after the Notice of Possessory Lien has been mailed as evidenced
by certified mail. The date actually sold shall be within sixty (60)
days from the date of the Notice of Sale as evidenced by certified
mail.
B. 1. a. Any person who is induced by means of a check or other
form of written order for immediate payment of money to
1(2''/'' $60
deliver up possession of an article of personal
property on which the person has a special lien created
by subsection A of this section, which check or other
written order is dishonored, or is not paid when
presented, shall have a lien for the amount thereof
upon the personal property.
b. The person claiming such lien shall, within thirty (30)
days from the date of dishonor of the check or other
written order for payment of money, file in the office
of the county clerk of the county in which the property
is situated a sworn statement that:
(1) the check or other written order for immediate
payment of money, copy thereof being attached, was
received for labor, material or supplies for
producing or repairing an article of personal
property, or for other specific property-related
services covered by this section,
(2) the check or other written order was not paid, and
(3) the uttering of the check or other written order
constituted the means for inducing the person, one
possessed of a special lien created by subsection
A of this section upon the described article of
personal property, to deliver up the article of
personal property.
2. a. Any person who renders service to the owner of an
article of personal property by furnishing storage,
rental space, material, labor, or skill for the
protection, improvement, safekeeping, towing, right to
occupy space, storage, or carriage thereof shall have a
special lien on such property pursuant to this section
if such property is removed from the person's
possession, without such person's written consent or
without payment for such service.
b. The person claiming such lien shall, within five (5)
days of such nonauthorized removal, file in the office
of the county clerk of the county in which the property
is located, a sworn statement including:
(1) that services were rendered on or in relation to
the article of personal property by the person
claiming such lien,
(2) that the property was in the possession of the
person claiming the lien but such property was
removed without his or her written consent,
(3) an identifying description of the article of
personal property on which the service was
rendered, and
1(2''/'' $64
(4) that the debt for the services rendered on or in
relation to the article of personal property was
not paid. Provided, if the unpaid total amount of
the debt for services rendered on or in relation
to the article of personal property is unknown, an
approximated amount of the debt due and owing
shall be included in the sworn statement but such
approximated debt may be amended within thirty
(30) days of such filing to reflect the actual
amount of the debt due and owing.
3. The enforcement of the lien shall be within sixty (60) days
after filing the lien in the manner provided by law for enforcing the
lien of a security agreement and provided that the lien shall not
affect the rights of innocent, intervening purchasers without notice.
C. If the person who renders service to the owner of an article
of personal property to which this section applies relinquishes or
loses possession of the article due to circumstances described in
subparagraph a of paragraph 1 or subparagraph a of paragraph 2 of
subsection B of this section, the person claiming the lien shall be
entitled to possession of the article until the amount due is paid,
unless the article is possessed by a person who became a bona fide
purchaser. Entitlement to possession shall be in accordance with the
following:
1. The claimant may take possession of an article pursuant to
this subsection only if the person obligated under the contract for
services has signed an acknowledgement of receipt of a notice that
the article may be subject to repossession. The notice and
acknowledgement pursuant to this subsection shall be:
a. in writing and separate from the written contract for
services, or
b. printed on the written contract for services, credit
agreement or other document which displays the notice
in bold-faced, capitalized and underlined type, or is
separated from surrounding written material so as to be
conspicuous with a separate signature line;
2. The claimant may require the person obligated under the
contract for services to pay the costs of repossession as a condition
for reclaiming the article only to the extent of the reasonable fair
market value of the services required to take possession of the
article;
3. The claimant shall not transfer to a third party or to a
person who performs repossession services, a check, money order, or
credit card transaction that is received as payment for services with
respect to an article and that is returned to the claimant because of
insufficient funds or no funds, because the person writing the check,
issuing the money order, or credit cardholder has no account or
because the check, money order, or credit card account has been
1(2''/'' $6
closed. A person violating this paragraph shall be guilty of a
misdemeanor; and
4. An article that is repossessed pursuant to this subsection
shall be promptly delivered to the location where the services were
performed. The article shall remain at the services location at all
times until the article is lawfully returned to the record owner or a
lienholder or is disposed of pursuant to this section.
D. 1. If a vehicle, all-terrain vehicle, utility vehicle,
manufactured home, motorcycle, boat, outboard motor, or trailer has a
certificate of title issued by the Tax Commission or by a federally
recognized Indian tribe in the State of Oklahoma, but there is no
active lien recorded on the certificate of title, Section 91A of this
title will apply instead of this section. Likewise, if there is an
active lien recorded on the certificate of title but the lien is over
fifteen (15) years old and the property is not a manufactured home,
Section 91A of this title will apply instead of this section.
2. If personal property that otherwise would be covered by this
section has been registered by the Tax Commission or by a federally
recognized Indian tribe in the State of Oklahoma, and there is a lien
of record but no certificate of title has been issued, Section 91A of
this title will apply instead of this section.
3. If personal property otherwise would be covered by this
section, but the services were rendered or the property was abandoned
prior to November 1, 2005, Section 91A of this title will apply
instead of this section.
E. A person who knowingly makes a false statement of a material
fact regarding the furnishing of storage, rental space, material,
labor or skill for the protection, improvement, safekeeping, towing,
right to occupy space, storage or carriage thereof in a proceeding
under this section, or attempts to use or uses the provisions of this
section to foreclose an owner or lienholder's interest in a vehicle
knowing that any of the statements made in the proceeding are false,
upon conviction, shall be guilty of a felony.
F. Upon receipt of notice of legal proceedings, the Tax
Commission shall cause the sale process to be put on hold until
notice of resolution of court proceedings is received from the court.
If such notice of commencement of court proceedings is not filed with
the Tax Commission, the possessory lien sale process may continue.
G. No possessory lien sale shall be held on a Sunday.
H. For purposes of this section:
1. "Possession" includes actual possession and constructive
possession;
2. "Constructive possession" means possession by a person who,
although not in actual possession, does not have an intention to
abandon property, knowingly has both power and the intention at a
given time to exercise dominion or control over the property, and who
holds claim to such thing by virtue of some legal right;
1(2''/'' $6
3. "Lawfully in possession" means a person has documentation
from the owner or the owner's authorized agent, or an insurance
company or its authorized agent, authorizing the furnishing of
material, labor or storage, or that the property was authorized to be
towed to a repair facility. If the person lacks such documentation,
he or she shall not be lawfully in possession of the Section 91
Personal Property and shall not be entitled to a special lien as set
forth in this section; and
4. "Itemized charges" means total parts, total labor, total
towing fees, total storage fees, total processing fees and totals of
any other fee groups, the sum total of which shall equal the
compensation claimed.
I. For purposes of this section, the United States Postal
Service approved electronic equivalent of proof of return receipt
requested Form 3811 shall satisfy return receipt requested
documentation requirements.
J. If a person claiming a special lien pursuant to this section
fails to comply with any of the requirements of this section, any
interested party may proceed against the person claiming such lien
for all damages arising therefrom, including conversion, if the
article of personal property has been sold. If the notice or notices
required by this section shall be shown to be knowingly false or
fraudulent, the interested party shall be entitled to treble damages.
The prevailing party shall be entitled to all costs, including
reasonable attorney fees.
K. This section shall apply to all actions or proceedings that
commence on or after the effective date of this act.
R.L.1910, § 3852. Amended by Laws 1955, p. 248, § 1; Laws 1973, c.
111, § 1, emerg. eff. May 4, 1973; Laws 1992, c. 309, § 1, eff. Sept.
1, 1992; Laws 2003, c. 214, § 1, eff. July 1, 2003; Laws 2005, c.
213, § 4, eff. Nov. 1, 2005; Laws 2005, c. 477, § 1, eff. Nov. 1,
2005; Laws 2006, c. 247, § 1; Laws 2008, c. 98, § 1, eff. July 1,
2008; Laws 2011, c. 355, § 11, eff. Nov. 1, 2011; Laws 2014, c. 405,
§ 1, eff. Nov. 1, 2014; Laws 2016, c. 316, § 1, emerg. eff. May 20,
2016.
§42-91.1. Abandoned vehicle auctions – Exemption from fees and
taxes.
Any abandoned vehicle auction performed by a class AA wrecker or
lien claimant shall be exempt from all prior years’ tag fees, title
fees, stop flag fees, and any other fees imposed by the state from
the prior ownership of the vehicle. The wrecker operator, lien
claimant, or buyer of the abandoned vehicle will be responsible only
for fees incurred after the completion of the abandoned vehicle sale
unless the buyer is the registered vehicle owner prior to the towing
or abandonment of the vehicle, in which case all fees will be due
from the buyer. Vehicles purchased from a class AA wrecker at an
1(2''/'' $6
abandoned vehicle auction on which a junk title will be issued, shall
be exempt from motor vehicle excise tax.
Added by Laws 2004, c. 360, § 1, emerg. eff. May 27, 2004. Amended
by Laws 2006, c. 247, § 3.
§42-91.2. Liens on farm equipment.
A. Any person who, at or with the owner’s request or consent,
performs work, or makes repairs or improvements on any farm equipment
has a first and prior lien, subject to the restrictions set forth in
subsections B and C of this section, on such equipment for the total
value of the services performed, including the reasonable value of
all material used in the performance of such services and the
reasonable value of all equipment replaced, added or installed.
B. If the lien claimant is in possession of the farm equipment
for the purpose of having the work, repairs or improvements made, or
the equipment replaced, added or installed thereon, the lien shall be
first and prior and valid as long as the lien claimant retains
possession of the equipment. The lien claimant shall retain the lien
after releasing the equipment by filing within ninety (90) days
thereafter a statement, under oath, of the items of the account, a
description of the equipment on which the lien is claimed and the
legal name of the owner of the equipment, with the county clerk in
the county in this state where the owner resides, or if the owner
does not reside in this state, then with the county clerk in the
county where the equipment is located. Provided, once the lien
claimant has released possession of the equipment, the lien
established by this section shall be subordinate to any prior lien or
security interest of record.
C. If the lien claimant was never in possession of the farm
equipment, the lien claimant shall retain the lien by filing with the
county clerk in the county where the owner resides, or if the owner
does not reside in this state, then with the county clerk in the
county where the equipment is located, within ninety (90) days after
the date work was last performed, material was last furnished in
performing such work or making such repairs or improvements,
equipment was last replaced, added or installed or the farm equipment
was last towed or stored, a statement, under oath, of the items of
the account, a description of the equipment on which the lien is
claimed, the legal name of the owner of the equipment and the date
upon which work was last performed, material was last furnished in
performing such work or making such repairs or improvements,
equipment was last replaced, added or installed, or the equipment was
last towed or stored. Provided, if the lien claimant was never in
possession of the equipment, the lien established by this section
shall be subordinate to any prior lien or security interest.
D. For purposes of this section, “farm equipment” means
equipment, as defined in paragraph (33) of subsection (a) of Section
1(2''/'' $6
1-9-102 of Title 12A of the Oklahoma Statutes, that is primarily used
in connection with a farming operation, as defined in paragraph (35)
of subsection (a) of Section 1-9-102 of Title 12A of the Oklahoma
Statutes.
Added by Laws 2005, c. 213, § 1, eff. Nov. 1, 2005.
§42-91A. Lien on certain personal property for service thereon -
Certificate of title - Foreclosure - Notice - Purchaser - Unpaid
checks – Repossession.
A. 1. a. This section applies to all types of personal property
other than:
(1) farm equipment as defined in Section 91.2 of this
title, and
(2) "Section 91 Personal Property" as defined in
Section 91 of this title.
b. This section applies to any vehicle, all-terrain
vehicle, utility vehicle, manufactured home,
motorcycle, boat, outboard motor, or trailer that is
excluded from coverage under subsection A of Section 91
of this title because the personal property:
(1) does not have a certificate of title,
(2) has a certificate of title but does not have an
active lien recorded on the certificate of title,
(3) has a certificate of title that is not issued by
the Oklahoma Tax Commission or by a federally
recognized Indian tribe in the State of Oklahoma,
or
(4) is otherwise excluded by subparagraph b of
paragraph 1 of subsection A of Section 91 of this
title or subsection D of Section 91 of this title.
c. If personal property has a certificate of title, or
would be required to have a certificate of title under
Oklahoma law, and is apparently covered both by this
section and by Sections 191 through 200 of this title,
the procedures set out in this section shall apply
instead of Sections 191 through 200 of this title. If
personal property without a certificate of title and
not required to be titled under Oklahoma law is covered
both by this section and Sections 191 through 200 of
this title, the procedures set out in Sections 191
through 200 of this title shall apply instead of this
section.
2. a. Any person who, while lawfully in possession of an
article of personal property to which this section
applies, renders any service to the owner thereof by
furnishing storage, rental space, material, labor or
skill for the protection, improvement, safekeeping,
1(2''/'' $6%
towing, right to occupy space, storage or carriage
thereof, has a special lien thereon, dependent on
possession, for the compensation, if any, which is due
to such person from the owner for such service.
Charges owed under a contract primarily for the purpose
of storage or rental of space shall be accrued only at
the regular periodic rate for storage or rental as
provided in the contract, adjusted for partial periods
of storage or rental.
b. Except for Class AA licensed wrecker towing charges,
the special lien shall be subordinate to any perfected
security interest unless the claimant complies with the
requirements of this section. Failure to comply with
any requirements of this section shall result in denial
of any title application and cause the special lien to
be subordinate to any perfected lien. Upon such
denial, the applicant shall be entitled to one
resubmission of the title application within thirty
(30) business days of receipt of the denial, and
proceed to comply with the requirements of this
section. "Failure to comply" includes, but is not
limited to:
(1) failure to timely provide additional documentation
supporting or verifying any entry on submitted
forms as requested by the Tax Commission,
(2) failure to provide the documentation supporting
lawful possession as outlined in paragraph 3 of
subsection H of this section,
(3) claimant being other than the individual who
provided the service giving rise to the special
lien, as in subparagraph a of this paragraph,
(4) claimant not being in possession of the vehicle,
or
(5) notification and proceedings not accomplished in
accordance with subparagraph c of this paragraph,
and paragraph 3 of this subsection.
c. Any person claiming a lien under this section shall
request, within five (5) business days of performing
any service or work on the property, the Tax Commission
or other appropriate license agency to furnish the name
and address of the current owner of and any lienholder
upon the property. The Motor Vehicle Division of the
Tax Commission or appropriate license agency shall
respond in person or by mail to the lien claimant
within ten (10) business days of the receipt of the
request for information. The Tax Commission shall
render assistance to ascertain ownership, if needed.
1(2''/'' $6)
The lien claimant shall send, within seven (7) business
days of receipt of the requested information from the
Oklahoma Tax Commission or other license agency, a
notice of the location of the property by certified
mail with return receipt requested, postage prepaid, to
the owner and any lienholder of the vehicle at the
addresses furnished. The lien claimant may charge
Twenty Dollars ($20.00) for processing plus the cost of
postage if the notice is timely sent pursuant to the
requirements of this subparagraph in addition to fees
regulated by the Oklahoma Corporation Commission for
licensed wreckers. If the lien claimant is unable to
meet the time requirements due to a lack of or an
altered vehicle identification number on the property,
the lien claimant shall proceed diligently to obtain
the proper vehicle identification number and shall meet
the time requirements on the notice once the vehicle
identification number is known. If the lien claimant
is required to send additional notices because of
change of ownership or lienholder after it has timely
complied with the requirements of this subparagraph,
the lien claimant shall remain in compliance if such
additional notices are sent within the required time
periods from the date of discovery of the new owners or
lienholders. The notice shall be in writing and shall
contain, but not be limited to, the following:
(1) a statement that the notice is a Notice of
Possessory Lien,
(2) the complete legal name, physical and mailing
address, and telephone number of the claimant,
(3) the complete legal name, physical and mailing
address of the person who requested that the
claimant render service to the owner by furnishing
material, labor or skill, storage, or rental
space, or the date the property was abandoned if
the claimant did not render any other service,
(4) a description of the article of personal property,
and the complete physical and mailing address of
the location of the article of personal property,
(5) the nature of the work, labor or service
performed, material furnished, or the storage or
rental arrangement, and the date thereof, and
written proof of authority to perform the work,
labor or service provided that, in the case of a
law enforcement directed tow, the logbook entry
prescribed in OAC 595:25-5-5 or the tow ticket as
1(2''/'' $6+
defined by the Corporation Commission shall serve
as written proof of authority,
(6) the signature of the claimant which shall be
notarized and, if applicable, the signature of the
claimant's attorney. If the claimant is a
business, the name of the contact person
representing the business shall be shown. In
place of an original signature and notary seal, a
digital or electronic signature or seal shall be
accepted, and
(7) an itemized statement describing the date or dates
the labor or services were performed and material
furnished and the charges claimed for each item,
the totals of which shall equal the total
compensation claimed.
The lien claimant shall not be required to send the
notice required in this subparagraph if the property is
released to an interested party before the notice is
mailed and no additional charges or fees continue to
accrue. If a law enforcement agency has the property
towed to a law enforcement facility, the person
claiming a lien under this section shall not be
required to send notice until the property is released
by law enforcement to the claimant or the date which
claimant starts charging storage, whichever is earlier.
A lien claimant shall have an extension of ten (10)
business days to send the notice required in this
subparagraph if a state of emergency has been declared
in the county in which the property is located.
d. Subparagraphs b and c of this paragraph shall not apply
to salvage pools as defined in Section 591.2 of Title
47 of the Oklahoma Statutes.
3. The lien may be foreclosed by a sale of such personal
property upon the notice and in the manner following: The notice
shall be in writing and shall contain, but not be limited to:
a. the names of the owner and any other known party or
parties who may claim any interest in the property,
b. a description of the property to be sold, including a
visual inspection or a photograph if the property is a
motor vehicle, and the physical location of the
property,
c. the nature of the work, labor or service performed,
material furnished, or the storage or rental
arrangement, and the date thereof, and written proof of
authority to perform the work, labor or service
provided. In the case of a law enforcement directed
tow, the logbook entry prescribed in OAC 595:25-5-5 or
1(2''/'' $6.
the tow ticket as defined by the Corporation
Commission, shall serve as written proof of authority,
d. the time and place of sale,
e. the name, telephone number, physical address and
mailing address of the claimant, and agent or attorney,
if any, foreclosing such lien. If the claimant is a
business, then the name of the contact person
representing the business must be shown. In place of
an original signature and notary seal, a digital or
electronic signature or seal shall be accepted, and
f. itemized charges which shall equal the total
compensation claimed.
4. a. Such Notice of Sale shall be posted in two public
places in the county where the property is to be sold
at least ten (10) days before the time therein
specified for such sale, and a copy of the notice shall
be mailed to the owner and any other party claiming any
interest in the property, if known, at their last-known
post office address, by certified mail, return receipt
requested, at least ten (10) days before the time
therein specified for such sale. If the item of
personal property is a manufactured home, notice shall
also be sent by certified mail to the county treasurer
and to the county assessor of the county where the
manufactured home is located.
b. In the case of any item of personal property without a
certificate of title and not required to be titled
under Oklahoma law, a party who claims any interest in
the property shall include all owners of the property;
any secured party who has an active financing statement
on file with the county clerk of Oklahoma County
listing one or more owners of the property by legal
name as debtors and indicating a collateral description
that would include the property; and any other person
having any interest in the personal property, of whom
the claimant has actual notice.
c. In the case of personal property subject to this
section for which a certificate of title has been
issued by any jurisdiction, a party who claims any
interest in the property shall include all owners of
the article of personal property as indicated by the
certificate of title; lien debtors, if any, other than
the owners; any lienholder whose lien is noted on the
face of the certificate of title; and any other person
having any interest in the article of personal
property, of whom the claimant has actual notice.
1(2''/'' $60
d. When the jurisdiction of titling for a vehicle, all-
terrain vehicle, motorcycle, boat, outboard motor, or
trailer that is five (5) model years old or newer, or a
manufactured home that is fifteen (15) model years old
or newer, cannot be determined by ordinary means, the
claimant, the agent of the claimant, or the attorney of
the claimant, shall request, in writing, that the
Oklahoma Tax Commission Motor Vehicle Division
ascertain the jurisdiction where the vehicle or
manufactured home is titled. The Oklahoma Tax
Commission Motor Vehicle Division shall, within
fourteen (14) days from the date the request is
received, provide information as to the jurisdiction
where the personal property is titled. If the Oklahoma
Tax Commission Motor Vehicle Division is unable to
provide the information, it shall provide notice that
the record is not available.
e. When personal property is of a type that Oklahoma law
requires to be titled, the owner of record of that
property is unknown, and the jurisdiction of titling
and owner of record cannot be determined by ordinary
means and also, if applicable, cannot be determined in
accordance with the preceding subparagraph, then the
special lien may be foreclosed by publication of a
legal notice in a legal newspaper in the county where
the personal property is located, as defined in Section
106 of Title 25 of the Oklahoma Statutes. Such notice
shall include the description of the property by year,
make, vehicle identification number if available from
the property, the name of the individual who may be
contacted for information, and the telephone number of
that person or the address where the vehicle is
located. The legal notice shall be published once per
week for three (3) consecutive weeks. As soon as
circumstances exist as described in the first sentence
of this subparagraph, the first date of publication may
occur even if the special lien has not accrued for over
thirty (30) days. The first date available for public
sale of the vehicle is the day following publication of
the final notice, but no fewer than thirty (30) days
after the lien has accrued. When the owner of record
is unknown, the Notice of Sale nevertheless must be
completed and mailed to any known interested party by
certified mail. For purposes of this paragraph,
interested parties shall include all persons described
in subparagraph b or subparagraph c of this paragraph,
whichever is applicable, with the exception of any
1(2''/'' $64
owner who is unknown. Except in circumstances
described in paragraph 7 of this subsection that
provide for a shorter time period, the Notice of Sale
shall be posted in two public places in the county
where the property is to be sold at least ten (10) days
before the time therein specified for such sale, and
the Notice of Sale shall not be mailed until at least
thirty (30) days after the lien has accrued.
5. The lienor or any other person may in good faith become a
purchaser of the property sold.
6. Proceedings for foreclosure under this act shall not be
commenced until thirty (30) days after the lien has accrued, except
as provided elsewhere in Oklahoma law.
7. Notwithstanding any other provision of law, proceedings for
foreclosures for the storage of junk vehicles towed and stored
pursuant to Section 955 of Title 47 of the Oklahoma Statutes by Class
AA wreckers listed with the Motor Vehicle Division of the Department
of Public Safety, may be commenced five (5) days after the lien has
accrued. For purposes of this paragraph, "junk vehicles" means any
vehicle that is more than ten (10) years old if the cost of a
comparable vehicle would be less than Three Hundred Dollars ($300.00)
as quoted in the latest edition of the National Automobile Dealers
Association Official Used Car Guide or latest monthly edition of any
other nationally recognized published guidebook, adjusting to the
condition of the vehicle.
B. 1. a. Any person who is induced by means of a check or other
form of written order for immediate payment of money to
deliver up possession of an article of personal
property on which the person has a special lien created
by subsection A of this section, which check or other
written order is dishonored, or is not paid when
presented, shall have a lien for the amount thereof
upon the personal property.
b. The person claiming such lien shall, within thirty (30)
days from the date of dishonor of the check or other
written order for payment of money, file in the office
of the county clerk of the county in which the property
is situated a sworn statement that:
(1) the check or other written order for immediate
payment of money, copy thereof being attached, was
received for labor, material or supplies for
producing or repairing an article of personal
property, or for other specific property-related
services covered by this section,
(2) the check or other written order was not paid, and
(3) the uttering of the check or other written order
constituted the means for inducing the person, one
1(2''/'' $6
possessed of a special lien created by subsection
A of this section upon the described article of
personal property, to deliver up the article of
personal property.
2. a. Any person who renders service to the owner of an
article of personal property by furnishing storage,
rental space, material, labor, or skill for the
protection, improvement, safekeeping, towing, right to
occupy space, storage, or carriage thereof shall have a
special lien on such property pursuant to this section
if such property is removed from the person's
possession, without such person's written consent or
without payment for such service.
b. The person claiming such lien shall, within five (5)
days of such nonauthorized removal, file in the office
of the county clerk of the county in which the property
is located, a sworn statement including:
(1) that services were rendered on or in relation to
the article of personal property by the person
claiming such lien,
(2) that the property was in the possession of the
person claiming the lien but such property was
removed without his or her written consent,
(3) an identifying description of the article of
personal property on or in relation to which the
service was rendered, and
(4) that the debt for the services rendered on or in
relation to the article of personal property was
not paid. Provided, if the unpaid total amount of
the debt for services rendered on or in relation
to the article of personal property is unknown, an
approximated amount of the debt due and owing
shall be included in the sworn statement but such
approximated debt may be amended within thirty
(30) days of such filing to reflect the actual
amount of the debt due and owing.
3. The enforcement of the lien shall be within sixty (60) days
after filing the lien in the manner provided by law for enforcing the
lien of a security agreement and provided that the lien shall not
affect the rights of innocent, intervening purchasers without notice.
C. If the person who renders service to the owner of an article
of personal property to which this section applies relinquishes or
loses possession of the article due to circumstances described in
subparagraph a of paragraph 1 or subparagraph a of paragraph 2 of
subsection B of this section, the person claiming the lien shall be
entitled to possession of the article until the amount due is paid,
unless the article is possessed by a person who became a bona fide
1(2''/'' $6
purchaser. Entitlement to possession shall be in accordance with the
following:
1. The claimant may take possession of an article pursuant to
this subsection only if the person obligated under the contract for
services has signed an acknowledgment of receipt of a notice that the
article may be subject to repossession. The notice and
acknowledgment pursuant to this subsection shall be:
a. in writing and separate from the written contract for
services, or
b. printed on the written contract for services, credit
agreement or other document which displays the notice
in bold-faced, capitalized and underlined type, or is
separated from surrounding written material so as to be
conspicuous with a separate signature line;
2. The claimant may require the person obligated under the
contract for services to pay the costs of repossession as a condition
for reclaiming the article only to the extent of the reasonable fair
market value of the services required to take possession of the
article;
3. The claimant shall not transfer to a third party or to a
person who performs repossession services, a check, money order, or
credit card transaction that is received as payment for services with
respect to an article and that is returned to the claimant because of
insufficient funds or no funds, because the person writing the check,
issuing the money order, or credit cardholder has no account or
because the check, money order, or credit card account has been
closed. A person violating this paragraph shall be guilty of a
misdemeanor; and
4. An article that is repossessed pursuant to this subsection
shall be promptly delivered to the location where the services were
performed. The article shall remain at the services location at all
times until the article is lawfully returned to the record owner or a
lienholder or is disposed of pursuant to this section.
D. 1. This section applies if a vehicle, all-terrain vehicle,
manufactured home, motorcycle, boat, outboard motor, or trailer has a
certificate of title issued by the Tax Commission or by a federally
recognized Indian tribe in Oklahoma, but there is no active lien
recorded on the certificate of title.
2. This section applies if a vehicle, all-terrain vehicle,
utility vehicle, motorcycle, boat, outboard motor or trailer has a
certificate of title issued by the Tax Commission or by a federally
recognized Indian tribe in Oklahoma, and there is an active lien
recorded on the certificate of title, but the lien is over fifteen
(15) years old.
3. This section applies if personal property to which Section 91
of this title otherwise would apply has been registered by the Tax
Commission or by a federally recognized Indian tribe in the State of
1(2''/'' $6
Oklahoma, and there is a lien of record but no certificate of title
has been issued.
4. This section applies if personal property to which Section 91
of this title otherwise would apply has not been registered by either
the Tax Commission or a federally recognized Indian tribe in the
State of Oklahoma, and no certificate of title has been issued, but
there is a lien of record.
5. This section applies to personal property that otherwise
would be covered by Section 91 of this title, except that the
services were rendered or the property was abandoned prior to
November 1, 2005.
6. This section applies to a vehicle, all-terrain vehicle,
utility vehicle, manufactured home, motorcycle, boat, outboard motor,
or trailer for which ownership cannot be determined by ordinary means
or by the Oklahoma Tax Commission Motor Vehicle Division, as provided
in subparagraphs d and e of paragraph 4 of subsection A of this
section, as applicable.
7. This section applies to items of personal property that are
not required by Oklahoma law to be titled, and that do not have a
certificate of title.
8. This section applies to salvage pools as defined in Section
591.2 of Title 47 of the Oklahoma Statutes.
9. This section applies to class AA licensed wrecker services
taking possession of a vehicle pursuant to an agreement with, or at
the direction of, or dispatched by a state or local law enforcement
or government agency, or pursuant to the abandoned vehicle removal
provisions of Section 954A of Title 47 of the Oklahoma Statutes with
respect to all types of personal property, regardless of whether that
personal property has a certificate of title.
10. For a vehicle abandoned at a salvage pool, if the cost of
repairing the vehicle for safe operation on the highway does not
exceed sixty percent (60%) of the fair market value of the vehicle as
defined in Section 1111 of Title 47 of the Oklahoma Statutes, a
salvage title shall not be required.
E. A person who knowingly makes a false statement of a material
fact regarding the furnishing of storage, rental space, material,
labor or skill for the protection, improvement, safekeeping, towing,
right to occupy space, storage or carriage thereof in a proceeding
under this section, or attempts to use or uses the provisions of this
section to foreclose an owner or lienholder's interest in a vehicle
knowing that any of the statements made in the proceeding are false,
upon conviction, shall be guilty of a felony.
F. Upon receipt of notice of legal proceedings, the Tax
Commission shall cause the sale process to be put on hold until
notice of resolution of court proceedings is received from the court.
If such notice of commencement of court proceedings is not filed with
the Tax Commission, the possessory lien sale process may continue.
1(2''/'' $6
G. No possessory lien sale shall be held on a Sunday.
H. For purposes of this section:
1. "Possession" includes actual possession and constructive
possession;
2. "Constructive possession" means possession by a person who,
although not in actual possession, does not have an intention to
abandon property, knowingly has both power and the intention at a
given time to exercise dominion or control over the property, and who
holds claim to such thing by virtue of some legal right;
3. "Lawfully in possession" means a person has documentation
from the owner or the owner's authorized agent, or an insurance
company or its authorized agent, authorizing the furnishing of
material, labor or storage, or that the property was authorized to be
towed to a repair facility.
Class AA wrecker services taking possession of a vehicle pursuant
to an agreement with, or at the direction of, or dispatched by, a
state or local law enforcement or government agency, or pursuant to
the abandoned vehicle removal provisions of Section 954A of Title 47
of the Oklahoma Statutes, shall be considered lawfully in possession
of the vehicle. If the person lacks such documentation, the
procedures established by this section shall not apply; and
4. "Itemized charges" means total parts, total labor, total
towing fees, total storage fees, total processing fees and totals of
any other fee groups, the sum total of which shall equal the
compensation claimed.
I. For purposes of this section, the United States Postal
Service approved electronic equivalent of proof of return receipt
requested Form 3811 shall satisfy return receipt requested
documentation requirements.
J. If a person claiming a special lien pursuant to this section
fails to comply with any of the requirements of this section, any
interested party may proceed against the person claiming such lien
for all damages arising therefrom, including conversion, if the
article of personal property has been sold. If the notice or notices
required by this section shall be shown to be knowingly false or
fraudulent, the interested party shall be entitled to treble damages.
The prevailing party shall be entitled to all costs, including
reasonable attorney fees.
K. Any interested party shall be permitted to visually inspect
and verify the services rendered by the claimant prior to the sale of
the article of property during normal business hours. If the
claimant fails to allow any interested party to inspect the property,
the interested party shall mail a request for inspection by certified
mail, return receipt requested, to the claimant. Within three (3)
business days of receipt of the request for inspection, the claimant
shall mail a photograph of the property, by certified mail, return
receipt requested, and a date of inspection within five (5) business
1(2''/'' $6%
days from the date of the notice to inspect. The lienholder shall be
allowed to retrieve the property without being required to bring the
title into the lienholder's name, if the lienholder provides proof it
is a lienholder and any payment due the claimant for lawful charges
where the claimant has complied with this section. Upon the release
of personal property to an insurer or representative of the insurer,
wrecker operators shall be exempt from all liability and shall be
held harmless for any losses or claims of loss. In the event any law
enforcement agency places a hold on the property, the party wanting
to inspect or photograph the property shall obtain permission from
the law enforcement agency that placed the hold on the property
before inspecting or photographing.
L. This section shall apply to all actions or proceedings that
commence on or after the effective date of this act.
Added by Laws 2005, c. 477, § 2, eff. Nov. 1, 2005. Amended by Laws
2006, c. 247, § 2; Laws 2008, c. 98, § 2, eff. July 1, 2008; Laws
2014, c. 405, § 2, eff. Nov. 1, 2014; Laws 2016, c. 316, § 2, emerg.
eff. May 20, 2016; Laws 2017, c. 183, § 1, eff. Nov. 1, 2017.
§42-92. Laborer's lien on products of labor.
Laborers who perform work and labor for any person under a verbal
or written contract, if unpaid for the same, shall have a lien on the
production of their labor, for such work and labor; Provided, that
such lien shall attach only while the title to the property remains
in the original owner.
Laws 1910-11, c. 114, p. 254, § 1.
§42-93. Enforcement of lien.
The lien provided for in this act may be enforced as in an
ordinary action or by attachment proceeding as provided in the Code
of Civil Procedure.
Laws 1910-11, c. 114, p. 254, § 2.
§42-94. When lien attaches.
Liens under the provisions of this act are in full force and
effect from and after the time the labor is performed.
Laws 1910-11, c. 114, p. 254, § 3.
§42-95. Time for enforcement.
The proceedings under this act shall be commenced within eight
(8) months after the work is done.
Laws 1910-11, c. 114, p. 254, § 4.
§42-96. Priority of lien.
Liens created under this act shall take precedence over all other
liens whether created prior or subsequent to the laborer's lien
herein created and provided.
1(2''/'' $6)
Laws 1910-11, c. 114, p. 254, § 5.
§42-97. Lien for labor or materials for production, alteration or
repair of personal property - Commencement of lien.
Any person, firm or corporation who furnishes labor, money,
material or supplies for the production of, altering or repairs of
any personal property at the request of the owner of said property,
shall have a lien for the value of his money, labor, material or
supplies upon said personal property as provided for in Section 2 of
this act. Lien to date from commencement of furnishing of labor,
money, material or supplies.
Laws 1917, c. 187, p. 350, § 1.
§42-98. Filing of statement of lien with county clerk - Innocent
purchasers.
A. 1. Except as otherwise provided by this chapter, any person
entitled to a lien pursuant to this chapter shall within one hundred
twenty (120) days after last furnishing of labor, money, material or
supplies for the production of, altering or repairing of said
personal property, file in the office of the county clerk of the
county in which the property is situated a statement in writing
verified by oath, showing the amount of labor, money, material or
supplies furnished for the producing of, altering or repairing of
said personal property, the name of the person for, and by whom
labor, money, material or supplies, was furnished.
2. If the person entitled to such lien does not file such
statement within the time required by this chapter, such person shall
be deemed to have waived his rights thereto.
3. The lien provided for in this chapter shall not attach to any
personal property after it has been purchased by an innocent
purchaser for value, and has passed into his possession unless the
lien shall have been filed with the county clerk of the county before
the property was purchased by such purchaser, or he shall have
received written notice, from the party entitled to the lien, of his
intention to file the same.
B. Immediately upon the receipt of such statement, the county
clerk shall enter a record of the same in a book kept for that
purpose, to be called the Personal Property Lien Journal, which shall
be ruled off into separate columns, with headings as follows: "When
filed", "Name of owner", "Name of claimant", "Amount claimed", and
"Remarks", and the clerk shall make the proper entry in each column.
Added by Laws 1917, c. 187, p. 351, § 2. Amended by Laws 1992, c.
309, § 2, eff. Sept. 1, 1992; Laws 2003, c. 409, § 1, eff. Nov. 1,
2003.
§42-99. Priority of mortgage liens.
1(2''/'' $6+
The lien herein provided for shall be subject to prior mortgage
liens, unless the holder thereof has received notice of the intention
of the furnishing of said labor, money, material or supplies and
consents thereto in writing after which the holder of such mortgage
lien shall become jointly liable with the owner of said property for
the expense of producing, altering or repairing of same.
Laws 1917, c. 187, p. 351, § 3.
§42-100. Foreclosure of liens.
Said lien may be foreclosed by the sale of the property so
covered any time within twelve (12) months in the same manner
provided by law for the foreclosure of chattel mortgages.
Laws 1917, c. 187, p. 351, § 4.
§42-101. Sale, disposal or removal of property covered by lien -
Punishment.
Any person convicted of selling, disposing of or removing
property covered by a lien not subordinate to that person’s interest,
arising under Sections 91 through 102 of this title or Section 1 or 2
of this act without either obtaining the written consent of the owner
of the lien or making provision adequate to satisfy the lien, shall
be guilty of a misdemeanor punishable by imprisonment in the county
jail for not more than six (6) months or by a fine of not less than
One Hundred Dollars ($100.00).
Laws 1917, c. 187, p. 351, § 5; Laws 1992, c. 309, § 3, eff. Sept. 1,
1992; Laws 2005, c. 213, § 3, eff. Nov. 1, 2005.
§42-102. Discharge of lien when satisfied.
It shall be the duty of the holder of the lien under this act
when the same is satisfied to immediately file a notice of discharge
thereof with the county clerk of the county wherein the lien is
filed. Failure to do so shall subject the holder of the lien to a
fine of not less than Twenty-five Dollars ($25.00) nor more than One
Hundred Dollars ($100.00).
Laws 1917, c. 187, p. 352, § 6.
§42-104. Enforcement and foreclosure of liens on farm equipment.
A lien granted under Section 1 of this act with respect to farm
equipment may be enforced and foreclosed in the same manner as
security agreements pursuant to the Uniform Commercial Code. Any
legal action taken by or on behalf of a lien claimant to enforce or
foreclose any such lien filed in the office of the county clerk shall
be commenced within one (1) year of the date the lien was filed or
the lien shall be void. For purposes of this section, publication or
delivery of a notice of sale under the Uniform Commercial Code shall
constitute the commencement of legal action to enforce or foreclose a
lien granted under Section 1 of this act. Reasonable attorney fees
1(2''/'' $6.
and legal expenses incurred by the lien claimant to claim, enforce
and foreclose the lien granted under Section 1 of this act shall be
included in the amount secured by such lien. After five (5) years
from the date the lien was filed, the county clerk of the county
where the lien is filed shall remove the lien from the records.
Added by Laws 2005, c. 213, § 2, eff. Nov. 1, 2005.
§42-111. Persons entitled to liens - Commencement of lien.
Any person, firm or corporation, who shall thresh or combine
grain or seed for another shall have a lien for the value of his
services upon the grain or seed threshed or combined as provided for
in Section 2 of this act, (10989) lien to date from the commencement
of threshing.
Laws 1913, c. 38, p. 74, § 1; Laws 1935, p. 224, § 1.
§42-112. Filing statement of lien in office of county clerk - Right
to lien as against purchaser.
Any person entitled to a lien under this act shall, within thirty
(30) days after the threshing or combining is completed, file in the
office of the county clerk of the county in which the grain or seed
was grown, or threshing or combining done, a statement in writing,
verified by oath, showing the amount, quantity and kind of grain or
seed threshed or combined, the price agreed upon for the threshing or
combining the same, the name of the person for whom the threshing or
combining was done, and a description of the land on which the grain
or seed was grown or threshing or combining done; unless the person
entitled to the lien shall file such statement within the time
aforesaid, he shall be deemed to have waived his rights thereto;
provided, that the lien provided for in this act shall not attach to
any seed or grain after it has been purchased by a grain dealer and
has passed into his possession unless the lien shall have been filed
with the county clerk of the county before the seed or grain was
purchased by such dealer, or he shall have received written notice
from the party entitled to the lien, of his intention to file the
same.
Laws 1913, c. 38, p. 74, § 2; Laws 1935, p. 224, § 2.
§42-113. Priority of mortgage liens - Liability of mortgagee
consenting in writing.
The lien herein provided for shall be subject to prior mortgage
liens, unless the holder thereof has received notice of the intention
of the threshing or combining of the grain or seed and consented
thereto in writing, after which the holder of such mortgage lien
shall become jointly liable with the owner of the grain or seed for
the expenses of threshing or combining of the same.
Laws 1913, c. 38, p. 75, § 3; Laws 1935, p. 225, § 3.
1(2''/'' $60
§42-114. Statement furnished owner by thresher - Forfeiture on
failure to comply.
Any person operating a threshing or combining machine, shall
furnish the owner of the crop a statement showing the number of
bushels of each kind of grain or seed and/or the number of acres
threshed or combined, price per bushel and/or the price per acre and
credits due; provided, that any person operating a threshing or
combining machine who fails or refuses to comply with the provisions
of this section, shall forfeit his right to the lien herein provided
for.
Laws 1913, c. 38, p. 75, § 4; Laws 1935, p. 225, § 4.
§42-115. Enforcement of lien.
The lien created by Section 111 of this title may be enforced in
the same manner as provided by law for the enforcement of an
agricultural lien pursuant to Article 9 of the Uniform Commercial
Code.
Added by Laws 1913, c. 38, p. 75, § 5. Amended by Laws 1994, c. 202,
§ 3, eff. Sept. 1, 1994; Laws 2000, c. 371, § 171, eff. July 1, 2001.
§42-116. Sale for purpose of paying threshing or combining bill.
The owner, when said seed or grain is not mortgaged, and the
owner with the written consent of the mortgagee, when said seed or
grain is mortgaged, may sell or dispose of not to exceed twenty
percent (20%) of said grain or seed for the purpose of paying the
threshing or combining bill.
Laws 1913, c. 38, p. 75, § 6; Laws 1935, p. 225, § 5.
§42-117. Selling in violation of lien.
Any person selling or disposing of property covered by such lien,
except as provided in Section 6 of this act, without the written
consent of the owner of such lien, shall be guilty of misdemeanor.
Laws 1913, c. 38, p. 76, § 7.
§42-118. Satisfaction of lien - Discharge - Record - Duty of
holders.
It shall be the duty of the holder of the lien under this act
when same is satisfied to immediately file a notice of discharge
thereof with the register of deeds of the county wherein the lien is
filed.
Failure to do so shall subject the holder of the lien to a fine
of not less than Twenty-five Dollars ($25.00), nor more than One
Hundred Dollars ($100.00).
Laws 1913, c. 38, p. 76, § 8.
§42-119. Right to lien - Persons liable for threshing bills -
Enforcement of lien by attachment - Persons against whom valid.
1(2''/'' $64
Any person, firm or corporation, threshing or combining grain or
seed for another shall have a lien for the value of such service upon
such grain or seed so threshed or combined. Further, any person,
firm or corporation, holding a lien or mortgage on any unthreshed or
un-combined grain or seed, shall be held equally responsible with the
owner for the threshing or combining bill. Provided, however, that
the lien or mortgage holder shall be held responsible for the
threshing or combining bill only for such grain or seed as they take
or receive possession of. Such lien may be enforced by action and
attachment as provided by law for the enforcement of a landlord's
lien. Such lien shall be a valid and binding lien on such grain and
seed against all persons holding or owning such grain with notice of
the lien thereon to the extent of the amount due thereon for
threshing or combining.
Laws 1921, c. 65, p. 86, § 1; Laws 1935, p. 225, § 6.
§42-120. Statement to be furnished owner or person in charge - False
statements as to law.
Any person, firm or corporation, operating a threshing or
combining machine within this state shall furnish the owner or person
in charge of the crop within forty-eight (48) hours after the
threshing or combining is completed, a statement in writing of the
number of bushels of grain or seed and/or number of acres so threshed
or combined and the price per bushel and/or the price per acre and
credits if any. Provided, that any person operating a threshing or
combining machine who fails or refuses to comply with this section
shall forfeit his right to the lien herein provided. Making false
statements willfully as to the provision of this act shall constitute
a misdemeanor and any one violating this act shall be subject to
punishment by fine of not more than Two Hundred Dollars ($200.00) ,
or imprisonment for not more than thirty (30) days in the county
jail, or by both such fine and imprisonment.
Laws 1921, c. 65, p. 86, § 2; Laws 1935, p. 226, § 7.
§42-121. Removal of grain or seed with fraudulent intent -
Fraudulent appropriation.
Any person, firm or corporation, removing, or causing to be
removed, any threshed or combined grain or seed from the premises
where same were threshed or combined, with the intent to deprive the
owner or operator of the threshing or combining machine, or person
interested in same, of any sum or sums of money due for such
threshing or combining, or who shall fraudulently appropriate such
grain or seed to himself or any other person not entitled thereto for
such threshing or combining, shall be deemed guilty of a misdemeanor,
and upon conviction thereof shall be fined a sum of not less than
Fifty Dollars ($50.00), and not more than Two Hundred Dollars
1(2''/'' $6
($200.00), or not more than thirty (30) days in the county jail, or
both such fine and imprisonment.
Laws 1921, c. 65, p. 86, § 3; Laws 1935, p. 226, § 8.
§42-131. Lien provided for work.
Blacksmiths, wheelwrights and horseshoers who perform work and
labor for any person, if unpaid for same, shall have an absolute
lien, subject to all prior liens, on the product of their labor and
upon all wagons, carriages, automobiles, implements and other
articles repaired, or horses, or other animals shod by them, for all
sums of money due for such work or labor and for any material
furnished by them and used in such product, repairs or shoeing.
Laws 1913, c. 82, p. 132, § 1.
§42-132. Procedure to perfect lien.
Any person having a lien under this act and desiring to avail
himself of its provisions shall, within sixty (60) days after such
work or labor is done or performed, or materials furnished, file with
the county clerk of the county in which the debtor resides, a just
and true account of the demand due, or becoming due, allowing all
credits, and containing a description of the property to be charged
with said lien, verified by affidavit; provided, that said lien must
in either event, be so filed with the county clerk of the county in
which the debtor resides, before the title to the property described
therein, has passed from the original owner.
Laws 1913, c. 82, p. 132, § 2, emerg. eff. March 22, 1913; Laws 1986,
c. 135, § 6, emerg. eff. April 17, 1986.
§42-141. Right to lien - Priority - Enforceablility against property
- Constructive notice.
Any person who shall, under oral or written contract with the
owner of any tract or piece of land, perform labor, furnish material
or lease or rent equipment used on said land for the erection,
alteration or repair of any building, improvement or structure
thereon or perform labor in putting up any fixtures, machinery in, or
attachment to, any such building, structure or improvements; or who
shall plant any tree, vines, plants or hedge in or upon such land; or
who shall build, alter, repair or furnish labor, material or lease or
rent equipment used on said land for buildings, altering, or
repairing any fence or footwalk in or upon said land, or any sidewalk
in any street abutting such land, shall have a lien upon the whole of
said tract or piece of land, the buildings and appurtenances in an
amount inclusive of all sums owed to the person at the time of the
lien filing, including, without limitation, applicable profit and
overhead costs. If the title to the land is not in the person with
whom such contract was made, the lien shall be allowed on the
buildings and improvements on such land separately from the real
1(2''/'' $6
estate. Such liens shall be preferred to all other liens or
encumbrances which may attach to or upon such land, buildings or
improvements or either of them subsequent to the commencement of such
building, the furnishing or putting up of such fixtures or machinery,
the planting of such trees, vines, plants or hedges, the building of
such fence, footwalk or sidewalks, or the making of any such repairs
or improvements; and such lien shall follow said property and each
and every part thereof, and be enforceable against the said property
wherever the same may be found, and compliance with the provisions of
this act shall constitute constructive notice of the claimant’s lien
to all purchasers and encumbrancers of said property or any part
thereof, subsequent to the date of the furnishing of the first item
of material or the date of the performance of the first labor or the
first use of the rental equipment on said land.
R.L. 1910, § 3862. Amended by Laws 1919, c. 258, p. 367, § 1; Laws
1923, c. 54, p. 97, § 1; Laws 1977, c. 207, § 6, eff. Oct. 1, 1977;
Laws 1980, c. 216, § 1, emerg. eff. May 30, 1980; Laws 2013, c. 78, §
1, eff. Nov. 1, 2013.
§42-141.1. Transfer of records, funds, and powers and duties to
county clerk.
On the effective date of this act, the records, funds and powers
and duties relating to the filing of mechanics' and materialmen's
liens in the office of the court clerk in each county of this state
shall be transferred to the office of the county clerk. The county
clerk shall thereafter exercise all such powers and duties formerly
performed by the court clerk relating to such liens.
Laws 1977, c. 207, § 3, eff. Oct. 1, 1977.
§42-142. Statement to be filed.
Any person claiming a lien as aforesaid shall file in the office
of the county clerk of the county in which the land is situated a
statement setting forth the amount claimed and the items thereof as
nearly as practicable, the names of the owner, the contractor, the
claimant, and a legal description of the property subject to the
lien, verified by affidavit. Such statement shall be filed within
four (4) months after the date upon which material or equipment used
on said land was last furnished or labor last performed under
contract as aforesaid; and if the claim be for the planting of any
trees, vines, plants, or hedge, such statement shall be filed within
four (4) months from such planting. Immediately upon the receipt of
such statement the county clerk shall enter a record of the same
against the tract index and in a book kept for that purpose, to be
called the mechanics' lien journal, which shall be ruled off into
separate columns, with headings as follows: "When filed", "Name of
owner", "Name of claimant", "Amount claimed", "Legal description of
1(2''/'' $6
property", and "Remarks", and the clerk shall make the proper entry
in each column.
R.L. 1910, § 3863; Laws 1977, c. 207, § 7, eff. Oct 1, 1977; Laws
1978, c. 133, § 3, eff. Oct. 1, 1978; Laws 1980, c. 216, § 2, emerg.
eff. May 30, 1980.
§42-142.1. Repealed by Laws 2011, c. 23, § 2, eff. Nov. 1, 2011.
§42-142.2. Repealed by Laws 2005, c. 477, § 3, eff. Nov. 1, 2005.
§42-142.3. Repealed by Laws 2011, c. 23, § 2, eff. Nov. 1, 2011.
§42-142.4. Fraudulent statement - Felony.
Any original contractor who falsifies any statement regarding
liens on labor or material to any owner of a dwelling, upon
conviction, shall be guilty of a felony.
Added by Laws 1980, c. 359, § 4, eff. Oct. 1, 1980. Amended by Laws
1997, c. 133, § 458, eff. July 1, 1999.
NOTE: Laws 1998, 1st Ex.Sess., c. 2, § 23 amended the effective date
of Laws 1997, c. 133, § 458 from July 1, 1998, to July 1, 1999.
§42-142.5. Repealed by Laws 2011, c. 23, § 2, eff. Nov. 1, 2011.
§42-142.6. Pre-lien notice - Requirements – Affidavit - Penalties.
A. For the purposes of this section:
1. “Claimant” means a person, other than an original contractor,
that is entitled or may be entitled to a lien pursuant to Section 141
of this title; and
2. “Person" means any individual, corporation, partnership,
unincorporated association, or other entity.
B. 1. Prior to the filing of a lien statement pursuant to
Section 143.1 of this title, but no later than seventy-five (75) days
after the last date of supply of material, services, labor, or
equipment in which the claimant is entitled or may be entitled to
lien rights, the claimant shall send to the last-known address of the
original contractor and an owner of the property a pre-lien notice
pursuant to the provisions of this section. Provided further, no
lien affecting property then occupied as a dwelling by an owner shall
be valid unless the pre-lien notice provided in this section was sent
within seventy-five (75) days of the last furnishing of materials,
services, labor or equipment by the claimant.
2. The provisions of this section shall not be construed to
require:
a. a pre-lien notice with respect to any retainage held by
agreement between an owner, contractor, or
subcontractor, or
1(2''/'' $6
b. more than one pre-lien notice during the course of a
construction project in which material, services,
labor, or equipment is furnished.
A pre-lien notice sent in compliance with this section for the
supply of material, services, labor, or equipment that entitles or
may entitle a claimant to lien rights shall protect the claimant’s
lien rights for any subsequent supply of material, services, labor,
or equipment furnished during the course of a construction project.
3. Except as otherwise required in paragraph 1 of this
subsection, the pre-lien notice requirements shall not apply to a
claimant:
a. whose claim relates to the supply of material,
services, labor, or equipment furnished in connection
with a residential project. For the purposes of this
subparagraph, the term “residential” shall mean a
single family or multifamily project of four or fewer
dwelling units, none of which are occupied by an owner,
or
b. whose aggregate claim is less than Ten Thousand Dollars
($10,000.00).
4. The pre-lien notice shall be in writing and shall contain,
but not be limited to, the following:
a. a statement that the notice is a pre-lien notice,
b. the complete name, address, and telephone number of the
claimant, or the claimant’s representative,
c. the date of supply of material, services, labor, or
equipment,
d. a description of the material, services, labor, or
equipment,
e. the name and last-known address of the person who
requested that the claimant provide the material,
services, labor, or equipment,
f. the address, legal description, or location of the
property to which the material, services, labor, or
equipment has been supplied,
g. a statement of the dollar amount of the material,
services, labor, or equipment furnished or to be
furnished, and
h. the signature of the claimant, or the claimant’s
representative.
5. A rebuttable presumption of compliance with paragraph 1 of
this subsection shall be created if the pre-lien notice is sent as
follows:
a. hand delivery supported by a delivery confirmation
receipt,
b. automated transaction pursuant to Section 15-115 of
Title 12A of the Oklahoma Statutes, or
1(2''/'' $6%
c. certified mail, return receipt requested. Notice by
certified mail, return receipt requested, shall be
effective on the date mailed.
6. The claimant may request in writing, the request to be sent
in the manner as provided in paragraph 5 of this subsection, that the
original contractor provide to the claimant the name and last-known
address of an owner of the property. Failure of the original
contractor to provide the claimant with the information requested
within five (5) days from the date of receipt of the request shall
render the pre-lien notice requirement to the owner of the property
unenforceable.
C. At the time of the filing of the lien statement, the claimant
shall furnish to the county clerk a notarized affidavit verifying
compliance with the pre-lien notice requirements of this section.
Any claimant who falsifies the affidavit shall be guilty of a
misdemeanor, and upon conviction thereof may be punished by a fine of
not more than Five Thousand Dollars ($5,000.00), or by imprisonment
in the county jail for not more than thirty (30) days, or by both
such fine and imprisonment.
D. Failure of the claimant to comply with the pre-lien notice
requirements of this section shall render that portion of the lien
claim for which no notice was sent invalid and unenforceable.
Added by Laws 2001, c. 21, § 1, eff. July 1, 2001. Amended by Laws
2011, c. 23, § 1, eff. Nov. 1, 2011.
§42-143. Lien by or through subcontractor.
Any person who shall furnish any such material or lease or rent
equipment used on said land or perform such labor as a subcontractor,
or as an artisan or day laborer in the employ of the contractor, may
obtain a lien upon such land, or improvements, or both, from the same
time, in the same manner, and to the same extent as the original
contractor, for the amount due for such material, equipment and
labor, as well as any applicable profit and overhead costs due to the
person; and any artisan or day laborer in the employ of, and any
person furnishing material or equipment used on said land to, such
subcontractor may obtain a lien upon such land, or improvements, or
both, for the same time, in the same manner, and to the same extent
as the subcontractor, for the amount due for such material, equipment
used on said land and labor, as well as any applicable profit and
overhead costs due to the person, by filing with the county clerk of
the county in which the land is situated, within ninety (90) days
after the date upon which material or equipment used on said land was
last furnished or labor last performed under such subcontract, a
statement, verified by affidavit, setting forth the amount due from
the contractor to the claimant, and the items thereof, as nearly as
practicable, the name of the owner, the name of the contractor, the
name of the claimant, and a legal description of the property upon
1(2''/'' $6)
which a lien is claimed. Immediately upon the filing of such
statement the county clerk shall enter a record of the same against
the tract index and in the journal provided for in the preceding
section, and in the manner therein specified. Provided further, that
the owner of any land affected by such lien shall not thereby become
liable to any claimant for any greater amount than he contracted to
pay the original contractor. The risk of all payments made to the
original contractor shall be upon such owner until the expiration of
the ninety (90) days herein specified, and no owner shall be liable
to an action by such contractor until the expiration of said ninety
(90) days, and such owner may pay such subcontractor the amount due
him from such contractor for such labor, equipment used on said land
and material, and the amount so paid shall be held and deemed a
payment of said amount to the original contractor.
R.L. 1910, § 3864. Amended by Laws 1957, p. 417, § 1, emerg. eff.
May 29, 1957; Laws 1977, c. 207, § 8, eff. Oct. 1, 1977; Laws 1978,
c. 133, § 4, eff. Oct. 1, 1978; Laws 1980, c. 216, § 3, emerg. eff.
May 30, 1980; Laws 2013, c. 78, § 2, eff. Nov. 1, 2013.
§42-143.1. Notice - Filing of lien statement - Fees.
A. Within five (5) business days after the date of the filing of
the lien statement provided for in Sections 142 and 143 of this
title, a notice of the lien shall be mailed by certified mail, return
receipt requested, to the owner of the property on which the lien
attaches. The claimant shall furnish to the county clerk the last-
known mailing address of the person or persons against whom the claim
is made and the owner of the property. The notice shall be mailed by
the county clerk. The fee for preparing and mailing the notice of
mechanics' and materialmen's lien and costs for each additional page
or exhibit shall be as provided for in Section 32 of Title 28 of the
Oklahoma Statutes and shall be paid by the person filing the lien.
The fee shall be deposited into the County Clerk's Lien Fee Account,
created pursuant to the provisions of Section 265 of Title 19 of the
Oklahoma Statutes.
B. The notice shall contain the date of filing; the name and
address of the following: The person claiming the lien; the person
against whom the claim is made and the owner of the property; a legal
description of the property; and the amount claimed. Provided that,
if with due diligence the person against whom the claim is made or
the owner of the property cannot be found, the claimant after filing
an affidavit setting forth such facts may, within sixty (60) days of
the filing of the lien statement, serve a copy of the notice upon the
occupant of the property or the occupant of the improvements, as the
case may be, in a like manner as is provided for service upon the
owner thereof, or, if the same be unoccupied, the claimant may post a
copy in a conspicuous place upon the property or any improvements
thereon.
1(2''/'' $6+
Added by Laws 1977, c. 207, § 9, eff. Oct. 1, 1977. Amended by Laws
1979, c. 251, § 1, emerg. eff. June 5, 1979; Laws 1983, c. 51, § 1,
emerg. eff. April 26, 1983; Laws 1984, c. 268, § 5, eff. Nov. 1,
1984; Laws 1985, c. 166, § 4, operative July 1, 1985; Laws 1989, c.
366, § 2, eff. Nov. 1, 1989; Laws 2000, c. 363, § 23, emerg. eff.
June 6, 2000; Laws 2001, c. 21, § 2, emerg. eff. April 3, 2001; Laws
2010, c. 148, § 1, eff. Nov. 1, 2010.
§42-143.2. Repealed by Laws 2005, c. 31, § 1, eff. Nov. 1, 2005.
§42-143.3. Leased or rented equipment - Exemption from act.
The provisions of this act as relating to leased or rented
equipment shall not apply to real property qualified for homestead
exemption or real property used for agricultural purposes or real
property used for the production of or growing of agricultural
products.
Laws 1980, c. 216, § 5, emerg. eff. May 30, 1980; Laws 1984, c. 9, §
1, emerg. eff. March 12, 1984.
§42-143.4. Leased or rented equipment - Property used for production
of oil or gas.
The provisions of this act relating to leased or rented equipment
shall not apply to such equipment used for the development or
production of oil or gas, except insofar as is specifically allowed
by Section 144 of Title 42.
Laws 1980, c. 216, § 6, emerg. eff. May 30, 1980.
§42-144. Oil and gas well liens.
Any person, corporation, or copartnership who shall, under
contract, expressed or implied, with the owner of any leasehold for
oil and gas purposes, or the owner of any gas pipeline or oil
pipeline, or with the trustee or agent of such owner, perform labor
or services, including written contracts for the services of a
geologist or petroleum engineer, or furnish material, machinery, and
oil well supplies used in the digging, drilling, torpedoing,
completing, operating, or repairing of any oil or gas well, or who
shall furnish any oil or gas well supplies, or perform any labor in
constructing or putting together any of the machinery used in
drilling, torpedoing, operating, completing, or repairing of any gas
well, or perform any labor upon any oil well supplies, tools, and
other articles used in digging, drilling, torpedoing, operating,
completing, or repairing any oil or gas well, shall have a lien upon
the whole of such leasehold or oil pipeline, or gas pipeline, or
lease for oil and gas purposes, the buildings and appurtenances, the
proceeds from the sale of oil or gas produced therefrom inuring to
the working interest, exempting, however, any valid, bona fide
reservations of oil or gas payments or overriding royalty interests
1(2''/'' $6.
executed in good faith and payable out of such working interest, and
upon the material and supplies so furnished, and upon any oil well
supplies, tools, and other articles used in digging, drilling,
torpedoing, operating, completing, or repairing any oil or gas well,
and upon the oil or gas well for which they were furnished, and upon
all the other oil or gas well fixtures and appliances used in the
operating for oil and gas purposes upon the leasehold for which said
material and supplies were furnished or labor or services performed.
Such lien shall be preferred to all other liens or encumbrances which
may attach to or upon said leasehold for gas and oil purposes and
upon any oil or gas pipeline, or such oil and gas wells and the
material and machinery so furnished and the leasehold for oil and gas
purposes and the fixtures and appliances thereon subsequent to the
commencement of or the furnishing or putting up of any such machinery
or supplies; and such lien shall follow said property and each and
every part thereof, and be enforceable against the said property
wherever the same may be found; and compliance with the provisions of
this article shall constitute constructive notice of the lien
claimant's lien to all purchasers and encumbrancers of said property
or any part thereof, subsequent to the date of the furnishing of the
first item of material or the date of the performance of the first
labor or services.
R.L. 1910, § 3865; Laws 1919, c. 258, p. 367, § 2; Laws 1927, c. 42,
p. 64, § 1; Laws 1963, c. 226, § 1.
§42-144.1. Effectiveness of lien against purchaser - Delivery of
copy of statement of lien.
No lien claimed by virtue of this act, insofar as it may extend
to the proceeds from the sale of oil or gas produced from such lease,
shall be effective against any purchaser of such oil or gas until a
copy of the statement of lien claim required to be filed by the
provisions of this chapter has been delivered to such purchaser by
registered or certified mail.
Laws 1963, c. 226, § 2.
§42-144.2. Trust funds for payment of lienable claims.
A. Except as provided by subsection D of this section, the
amount payable under any oil and gas well drilling contract,
reworking contract, operating agreement, or monies payable as a
condition of participation in the drilling of an oil and gas well
under the terms of a pooling order issued by the Oklahoma Corporation
Commission shall, upon receipt by any oil and gas well operator,
contractor or subcontractor, be held by such operator as trust funds
for the payment of all lienable claims due and owing by such
operator, contractor or subcontractor by reason of such drilling
contract, reworking contract, operating agreement, or force pooling
order.
1(2''/'' $60
B. The trust funds created under subsection A of this section
shall be applied to the payment of said valid lienable claims and no
portion thereof shall be used for any other purpose until all
lienable claims due and owing or to become due and owing shall have
been paid.
C. The existence of such trust funds shall not prohibit the
filing or enforcement of any labor, mechanic or materialmen's lien
against the affected real property by any lien claimant, nor shall
the filing of such a lien release the holder of such funds from the
obligations created under this section.
D. The provisions of this section shall not be applicable or
affect payments owed to royalty owners by the operator of an oil or
gas well and shall not affect or alter the terms or provisions of
Section 87.1 of Title 52 of the Oklahoma Statutes.
Added by Laws 1986, c. 176, § 11, emerg. eff. May 15, 1986. Amended
by Laws 1997, c. 133, § 459, eff. July 1, 1999; Laws 2002, c. 460, §
30, eff. Nov. 1, 2002.
NOTE: Laws 1998, 1st Ex.Sess., c. 2, § 23 amended the effective date
of Laws 1997, c. 133, § 459 from July 1, 1998, to July 1, 1999.
§42-145. Oil and gas well lien by or through subcontractor.
Any person, copartnership or corporation who shall furnish such
machinery or supplies to a subcontractor under a contractor, or any
person who shall perform such labor under a subcontract with a
contractor, or who, as an artisan or day laborer in the employ of
such contractor, shall perform any such labor, may obtain a lien upon
said leasehold for oil and gas purposes or any gas pipeline or any
oil pipeline from the same tank and in the same manner and to the
same extent as the original contractor for the amount due him for
such labor, as provided in the preceding section.
R.L. 1910, § 3866.
§42-146. Enforcement of lien on oil and gas wells.
The liens created by Sections 144 and 145 of this title shall be
enforced pursuant to the provisions of Sections 171 through 178 of
this title. Notice of the lien shall be given and the materialman's
statement or the lien of any laborer shall be filed, in the same
manner as is provided for in Sections 141 through 143.4 of this
title, except that Section 142.6 of this title shall not apply to
liens created pursuant to Sections 144 and 145 of this title and the
statement required to be filed in the office of the county clerk
pursuant to Section 143 of this title as to liens created pursuant to
Sections 144 and 145 of this title shall be filed within one hundred
eighty (180) days after the date upon which material, machinery or
supplies were last furnished or labor or services last performed
under the relevant contract or subcontract, whichever the case may
be. A lien created pursuant to Sections 144 and 145 of this title
1(2''/'' $6%4
shall affect only the oil and gas leasehold estate and shall not
constitute a lien against or otherwise affect any other interest in
the real property involved, except if the owner of an oil, gas or
other mineral interest therein shall also own a working interest in a
well located thereon, such lien shall attach to said working
interest.
R.L.1910, § 3867. Amended by Laws 1983, c. 57, § 1, eff. Nov. 1,
1983; Laws 1985, c. 136, § 2, eff. Nov. 1, 1985; Laws 1990, c. 99, §
1, eff. Sept. 1, 1990; Laws 2002, c. 460, § 31, eff. Nov. 1, 2002.
§42-147. Repealed by Laws 1982, c. 332, § 3.
§42-147.1. Discharge of lien.
Any property owner or other interested party, including but not
limited to mortgagees, contractors, subcontractors and others against
whom a lien claim is filed under the provisions of the law relating
to mechanics' and materialmen's liens, may at any time discharge the
lien by depositing with the county clerk in whose office the lien
claim has been filed either: An amount of money equal to one hundred
twenty-five percent (125%) of the lien claim amount; or a corporate
surety bond with a penal amount equal to one hundred twenty-five
percent (125%) of the lien claim amount. Within three (3) business
days after the deposit of money or bond is made, the county clerk
shall serve upon the lien claimant, at the address shown on the lien
claim, written notice setting forth: The number of the lien claim;
the name of the lien claimant; the name of the property owner; the
name of the alleged debtor, if someone other than the property owner;
the property description shown on the lien claim; and the amount of
cash deposited or, if a bond is filed, the names of the principal and
surety and the bond penalty. The party seeking to discharge the lien
shall prepare and deliver the notice to the county clerk and pay a
fee in accordance with Section 32 of Title 28 of the Oklahoma
Statutes. An abbreviated notice may be used if the same refers to
and encloses a copy of the lien claim and either a copy of the cash
receipt issued by the county clerk or a copy of the bond with the
clerk's filing stamp thereon. The notice shall be mailed by
registered or certified mail at the option of the county clerk.
If cash is deposited, the county clerk shall immediately show the
lien released of record. If a bond is deposited, the lien claimant
shall have ten (10) days after the notice is mailed within which to
file a written objection with the county clerk. If a written
objection is not timely filed the county clerk shall immediately show
the lien released of record. If an objection is timely made, the
county clerk shall set a hearing within ten (10) days thereafter and
notify by ordinary mail both the lien claimant and the party making
the deposit of the date and time thereof. The only grounds for
objection shall be that: The surety is not authorized to transact
1(2''/'' $6%
business in this state; the bond is not properly signed; the penal
amount is less than one hundred twenty-five percent (125%) of the
claim; the power of attorney of the surety's attorney-in-fact does
not authorize the execution; there is no power of attorney attached
if the bond is executed by anyone other than the surety's president
and attested by its secretary; or a cease and desist order has been
issued against the surety either by the Insurance Commissioner or a
court of competent jurisdiction. Within two (2) business days
following the hearing the county clerk shall either sustain or
overrule the objections and notify the parties of the county clerk's
ruling by ordinary mail. If the objections are sustained, the ruling
of the county clerk shall be conclusive for lien release purposes
unless appealed within ten (10) days to the district court. If the
objections are overruled, the county clerk shall immediately show the
lien released of record.
The bond shall: Name the lien claimant as obligee and the party
seeking the release as principal; be executed by both the principal
and the surety; have a proper power of attorney attached if executed
by an attorney-in-fact; be executed by a corporate surety authorized
to transact business in this state; and be conditioned that the
principal and surety will pay the full amount of the claim as
established in any appropriate court proceeding, plus any court costs
and attorney fees awarded the lien claimant, but in no event shall
the liability of the principal or surety under the bond exceed the
bond penalty. The preceding clause shall not limit the common law
liability of the party who created the indebtedness upon which the
lien claim is based. The conditions of any bond filed pursuant to
this section shall be deemed to comply with the requirements hereof,
regardless of the language or limitations set forth therein, if both
the principal and surety intend that the bond be filed to secure a
lien release under this section.
The cash deposit or bond, as the case may be, shall stand in lieu
of the released lien, and the lien claimant must proceed against the
substituted security in the same time and manner as is required for
foreclosure of a lien claim. The cash deposit or bond shall stand
liable for such principal, interest, court costs and attorney fees to
the extent they could be awarded in a lien foreclosure proceeding.
The only proper parties to an action against the substituted
security are: The party making the cash deposit; the bond principal
and surety; the party primarily liable for the indebtedness giving
rise to the lien claim; and anyone else who may be liable to the lien
claimant for the same indebtedness. The party making the cash
deposit and the bond principal and surety are necessary parties to an
action against the substituted security, and by making a deposit or
filing a bond the parties subject themselves to personal jurisdiction
in the court where the action is properly filed and may be served
with process as in other cases.
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If the lien claimant fails to timely file a foreclosure action,
upon application of the party making the deposit or filing the bond
and the payment of a fee of Ten Dollars ($10.00), the county clerk
shall return the cash to the party making the deposit or
appropriately note on the bond that the same has been released. The
clerk shall not incur liability to any lien claimant for an
inadvertent release of cash or bond. At the end of five (5) years
and after the county clerk has attempted written notification to the
lien claimant at the address shown on the lien claim, if no
foreclosure has been commenced by the lien claimant or such money has
not been withdrawn upon application of the depositing party, the cash
deposit plus all accrued interest shall be forfeited to the county
general fund.
Nothing contained in this section shall preclude the lien
claimant and other interested parties from entering into agreements
for the substitution of a different form of security in lieu of the
lien claim.
The county clerk shall invest the deposited cash in the manner
provided for county treasurers in Section 348.1 of Title 62 of the
Oklahoma Statutes. Any interest earned thereon shall become a part
of the deposit and be either returned to the party making the
deposit, if no action is filed, or paid in accordance with any final
judgment rendered by the court in the action against the substituted
security. If a district court judgment adverse to the depositing
party is entered, in setting the amount of supersedeas bond the court
shall take into consideration the existing cash deposit or bond.
Added by Laws 1982, c. 332, § 1, eff. Oct. 1, 1982. Amended by Laws
2003, c. 184, § 4, eff. Nov. 1, 2003; Laws 2007, c. 100, § 6, eff.
Nov. 1, 2007; Laws 2019, c. 328, § 1, eff. Nov. 1, 2019.
NOTE: Laws 2007, c. 132, § 7 repealed by Laws 2008, c. 3, § 23,
emerg. eff. Feb. 28, 2008.
§42-148. Lien on mining property for work thereon.
All miners and other employees engaged in the work of developing
and opening up coal mines, sinking of shafts, or construction of
slopes or drifts, the driving of entries, mining in coal, and every
mechanic, builder, artisan, workman, laborer or other person who
performs any work or labor in and about such mines, shall have as
security for such work and labor performed, a lien therefor upon the
buildings, machinery, equipment, inside or outside, income,
franchises, leases or subleases and all other appurtenances and all
property of the person, owner, agent, firm or corporation owning,
constructing or operating such mine or mines, and all property in
their possession or under their control, or permitted by the owner to
be used in the construction or operation thereof, superior or
paramount, whether prior in time or not, to that of all persons
1(2''/'' $6%
interested in such mines as managers, lessees, sublessees, operators,
mortgagees, trustees and beneficiaries under trust, or owners.
Laws 1925, c. 108, p. 156, § 1; Laws 1939, p. 344, § 1.
§42-149. Suit within one year.
The lien provided for in the preceding section shall not be
effective unless suit shall be brought within one (1) year after it
accrued.
Laws 1925, c. 108, p. 156, § 2.
§42-150. Filing statement.
Any person claiming a lien as aforesaid shall file in the office
of the county clerk of the county in which the land or property is
situated, a statement setting forth the amount claimed and the items
thereof, as nearly as practicable, the names of the managers,
lessees, sublessees, operators, mortgagees, trustees and
beneficiaries under trusts, or owners, the contractor, the claimant
and the legal description of the property, subject to such lien and
verified by affidavit. Such statement shall be filed within forty-
five (45) days after the date upon which such labor was last
performed. Upon receipt of such lien statement, the clerk shall
enter same against the tract index and in a record kept for that
purpose, to be called the mechanics' lien journal. Except as
provided herein, the provisions of Sections 92 through 96 and 141
through 147 of this title shall apply with reference to the liens
herein created.
Laws 1925, c. 108, p. 156, § 3; Laws 1977, c. 207, § 11, eff. Oct. 1,
1977; Laws 1978, c. 133, § 5, eff. Oct. 1, 1978.
§42-151. Lightning rods not included herein.
The erecting and constructing of a lightning rod or rods on any
buildings shall not be considered such an improvement fixture or
attachment, as to come under the provisions of this chapter.
R.L. 1910, § 3880.
§42-152. Proceeds of building or remodeling contracts, mortgages or
warranty deeds as trust funds for payment of lienable claims.
(1) The amount payable under any building or remodeling contract
shall, upon receipt by any contractor or subcontractor, be held as
trust funds for the payment of all lienable claims due and owing or
to become due and owing by such contractors or subcontractors by
reason of such building or remodeling contract.
(2) The monies received under any mortgage given for the purpose
of construction or remodeling any structure shall upon receipt by the
mortgagor be held as trust funds for the payment of all valid
lienable claims due and owing or to become due and owing by such
mortgagor by reason of such building or remodeling contract.
1(2''/'' $6%
(3) The amount received by any vendor of real property under a
warranty deed shall, upon receipt by the vendor, be held as trust
funds for the payment of all valid lienable claims due and owing or
to become due and owing by such vendor or his predecessors in title
by reason of any improvements made upon such property within four (4)
months prior to the delivery of said deed.
Laws 1965, c. 58, § 1; Laws 1968, c. 174, § 1, emerg. eff. April 15,
1968.
§42-153. Payment of lienable claims.
(1) The trust funds created under Section 152 of this title
shall be applied to the payment of said valid lienable claims and no
portion thereof shall be used for any other purpose until all
lienable claims due and owing or to become due and owing shall have
been paid.
(2) If the party receiving any money under Section 152 of this
title is an entity having the characteristics of limited liability
pursuant to law, such entity and the natural persons having the
legally enforceable duty for the management of the entity shall be
liable for the proper application of such trust funds and subject to
punishment under Section 1451 of Title 21 of the Oklahoma Statutes.
For purposes of this section, the natural persons subject to
punishment shall be the managing officers of a corporation and the
managers of a limited liability company.
(3) The existence of such trust funds shall not prohibit the
filing or enforcement of a labor, mechanic or materialmen's lien
against the affected real property by any lien claimant, nor shall
the filing of such a lien release the holder of such funds from the
obligations created under this section or Section 152 of this title.
Added by Laws 1965, c. 58, § 2. Amended by Laws 1968, c. 174, § 2,
emerg. eff. April 15, 1968; Laws 1983, c. 111, § 1, eff. Nov. 1,
1983; Laws 1985, c. 191, § 1, emerg. eff. June 24, 1985; Laws 1997,
c. 133, § 460, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, §
334, eff. July 1, 1999; Laws 2000, c. 6, § 9, emerg. eff. March 20,
2000; Laws 2002, c. 460, § 32, eff. Nov. 1, 2002.
NOTE: Laws 1999, c. 212, § 5 repealed by Laws 2000, c. 6, § 33,
emerg. eff. March 20, 2000.
NOTE: Laws 1998, 1st Ex.Sess., c. 2, § 23 amended the effective date
of Laws 1997, c. 133, § 460 from July 1, 1998, to July 1, 1999.
§42-154. Corporations - Execution, attestation, seal or
acknowledgment of lien statement - Release of lien.
Any lien statement authorized by the provisions of Sections 141
through 164 of Title 42 of the Oklahoma Statutes when executed on
behalf of a corporation may be signed and verified by any officer or
agent of said corporation without the necessity of attestation, seal,
or acknowledgment and any release of such lien when executed on
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behalf of a corporation may be signed by any officer or agent of such
corporation without the necessity of attestation, seal, or
acknowledgment.
With respect to the execution and release of lien statements in
accordance with this section the provisions of Sections 15, 93, 94
and 95 of Title 16 of the Oklahoma Statutes shall not apply.
Added by Laws 1984, c. 257, § 1, emerg. eff. May 30, 1984.
§42-161. Right to lien against railroads.
Every mechanic, builder, artisan, workman, laborer, or other
person, who shall do or perform any work or labor upon, or furnish
any materials, machinery, fixtures or other thing towards the
equipment, or to facilitate the operation of any railroad, shall have
a lien therefor upon the roadbed, buildings, equipments, income,
franchises, and all other appurtenances of said railroad, superior
and paramount, whether prior in time or not, to that of all persons
interested in said railroad as managers, lessees, mortgagees,
trustees beneficiaries under trusts or owners.
R.L. 1910, § 3868.
§42-162. Limitations.
The lien mentioned in the preceding section shall not be
effectual unless suit shall be brought upon the claim within one (1)
year after it accrued.
R.L. 1910, § 3869.
§42-163. How enforced.
The said lien shall be mentioned in the judgment rendered for the
claimant in an ordinary suit for the claim, and may be enforced by
ordinary levy and sale under final or other process at law or equity.
R.L. 1910, § 3870.
§42-164. Notice.
A notice of ten (10) days shall be given to the railroad of the
existence of a claim or the intended lien which is contemplated under
this article.
R.L. 1910, § 3871.
§42-171. Assignment of liens.
All claims for liens and rights of action to recover therefor
hereunder shall be assignable so as to vest in the assignee all
rights and remedies herein given, subject to all defenses thereto
that might be made if such assignment had not been made. Where a
statement has been filed and recorded as provided in Section 142 of
this title, such assignment may be made by an entry, on the same page
of the mechanics' lien journal containing the record of the lien,
signed by the claimant or his lawful representative, and attested by
1(2''/'' $6%)
the county clerk; or such assignment may be made by a separate
instrument in writing.
R.L. 1910, § 3872; Laws 1977, c. 207, § 12, eff. Oct. 1, 1977.
§42-172. Enforcement by civil actions - Limitations - Practice,
pleading and proceeding - Amendment of lien statement.
Any lien provided for by this chapter may be enforced by civil
action in the district court of the county in which the land is
situated, and such action shall be brought within one (1) year from
the time of the filing of said lien with the county clerk. The
practice, pleading and proceedings in such action shall conform to
the rules prescribed by the code of civil procedure as far as the
same may be applicable; and in case of action brought, any lien
statement may be amended by leave of court in furtherance of justice
as pleadings may be in any matter, except as to the amount claimed.
R.L. 1910, § 3873; Laws 1935, p. 226, § 1; Laws 1977, c. 207, § 13,
eff. Oct. 1, 1977.
§42-173. Parties.
In such actions all persons whose liens are filed as herein
provided shall be made parties, and issues shall be made and trials
had as in other cases. Where such action is brought by a
subcontractor, or other person not the original contractor, such
original contractor shall be made a party defendant, and shall at his
own expense defend against the claim of every subcontractor, or other
person claiming a lien under this chapter, and if he fails to make
such defense the owner may make the same at the expense of such
contractor; and until all such claims, costs and expenses are finally
adjudicated, and defeated or satisfied, the owner shall be entitled
to retain from the contractor the amount thereof, and such costs and
expenses as he may be required to pay: Provided, that if the sheriff
of the county in which such action is pending shall make return that
he is unable to find such original contractor, the court may proceed
to adjudicate the liens upon the land and render judgment to enforce
the same with costs.
R.L. 1910, § 3874; Laws 1977, c. 207, § 14, eff. Oct. 1, 1977.
§42-174. Consolidation of actions and stay of trial.
If several actions brought to enforce the liens herein provided
for are pending at the time, the court may order them to be
consolidated; and in any action brought to enforce a lien, if the
building or other improvement is still in course of construction, the
court, on application of any party engaged in furnishing labor or
materials for such building or improvement, may stay the trial
thereof for a reasonable time to permit the filing of a lien
statement by such party as herein provided.
R.L. 1910, § 3875.
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§42-175. Sale of property after judgment.
In all cases where judgment may be rendered in favor of any
person or persons to enforce a lien under the provisions of this
chapter, the real estate or other property shall be ordered to be
sold as in other cases of sales of real estate, such sales to be
without prejudice to the rights of any prior encumbrancer, owner or
other person not a party to the action.
R.L. 1910, § 3876.
§42-176. Attorney's fees.
In an action brought to enforce any lien the party for whom
judgment is rendered shall be entitled to recover a reasonable
attorney's fee, to be fixed by the court, which shall be taxed as
costs in the action.
R.L. 1910, § 3877.
§42-177. Suit by owner to determine lien and cancellation of lien on
docket.
If any lien shall be filed under the provisions of this chapter,
and no action to foreclose such lien shall have been commenced, the
owner of the land may file his petition in the district court of the
county in which said land is situated, making said lien claimants
defendants therein, and praying for an adjudication of said lien so
claimed, and if such lien claimant shall fail to establish his lien,
the court may tax against said claimant the whole, or such portion of
the costs of such action as may be just. Provided, that if no action
to foreclose or adjudicate any lien filed under the provisions of
this chapter shall be instituted within one (1) year from the filing
of said lien, the lien is canceled by limitation of law. If a lien
is canceled by limitation of law, the owner of the land may file an
affidavit attesting to the cancellation with the county clerk of the
county in which the land is located. Upon receipt of the affidavit,
the county clerk shall attach the affidavit to the original lien
document in the lien docket file and enter a notation of the filing
in the mechanics' lien journal. The affidavit shall be on a form
prescribed by the Office of the Administrative Director of the
Courts.
R.L. 1910, § 3878. Amended by Laws 1977, c. 207, § 15, eff. Oct. 1,
1977; Laws 1995, c. 338, § 21, eff. Nov. 1, 1995.
§42-178. Proceeds insufficient.
If the proceeds of the sale be insufficient to pay all the
claimants, then the court shall order them to be paid in proportion
to the amount due each.
R.L. 1910, § 3879.
1(2''/'' $6%.
§42-180. Liens against manufactured homes – Repossession - Notice.
A. Unless the owner of the real property on which a manufactured
home is located has a possessory lien with priority over a creditor
having a perfected security interest or a lien recorded on the
document of title issued on the manufactured home, it shall be
unlawful for the owner of the real property to refuse to allow the
secured creditor to repossess and move the manufactured home. If the
owner of the real property on which a manufactured home is located
has a possessory lien pursuant to Section 91 or Section 91A of this
title, and a creditor with a perfected security interest in that
manufactured home pays to the owner of real property that portion of
the possessory lien having priority over the creditor, the owner of
the real property must allow the creditor to repossess and move the
manufactured home. If the owner of the real property refuses to
allow the creditor to repossess and move the manufactured home as
required by this subsection, that owner of real property shall be
liable to the creditor for each day that the owner of the real
property unlawfully maintains possession of the manufactured home at
a daily rate equal to one-thirtieth (1/30) of the monthly rental or
storage payment last paid by the consumer to the owner of the real
property, or if no payment has been made, the payment required
pursuant to the contract between the secured creditor and the
consumer. The prevailing party shall be entitled to reasonable
attorney fees and costs.
B. Upon the bankruptcy of a consumer owning a manufactured home
located on real property owned by another person and subject to
rental or storage charges, the secured creditor shall, within five
(5) days after receipt of notice of the bankruptcy, give notice to
the owner of the real estate by certified mail, return receipt
requested, if the location of the manufactured home is known. If the
secured creditor fails to give required notice to the owner of the
real estate, the creditor will be liable for post-bankruptcy-filing
storage or rental charges not paid by the trustee in bankruptcy.
Added by Laws 1988, c. 226, § 1, eff. Nov. 1, 1988. Amended by Laws
1989, c. 366, § 1, eff. Nov. 1, 1989; Laws 2003, c. 409, § 2, eff.
Nov. 1, 2003; Laws 2006, c. 77, § 3, eff. July 1, 2006; Laws 2006, c.
247, § 4.
§42-191. Short title.
Sections 1 through 9 of this act shall be known and may be cited
as the "Self-Service Storage Facility Lien Act".
Added by Laws 1998, c. 306, § 1, eff. Nov. 1, 1998.
§42-192. Definitions.
As used in the Self-Service Storage Facility Lien Act, unless the
context otherwise requires:
1(2''/'' $6%0
1. "Default" means the failure by the occupant to perform in a
timely manner any obligation or duty set forth in this act or the
rental agreement;
2. "Last-known address" means that address or electronic mail
address provided by the occupant in the latest rental agreement or
the address or electronic mail address provided by the occupant in a
subsequent written notice of a change of address;
3. "Occupant" means a person, or his sublessee, successor, or
assign, entitled to the use of the storage space at a self-service
storage facility under a rental agreement, to the exclusion of
others;
4. "Owner" means the owner, operator, lessor, or sublessor of a
self-service storage facility, his agent, or any other person
authorized by him to manage the facility or to receive rent from an
occupant under a rental agreement;
5. "Personal property" means movable property not affixed to
land and includes, but is not limited to, goods, merchandise, and
household items;
6. "Rental agreement" means any written agreement or lease which
establishes or modifies the terms, conditions, rules, or any other
provisions concerning the use and occupancy at a self-service storage
facility and which contains a notice stating that all articles stored
under the terms of such agreement will be sold or otherwise disposed
of if no payment has been received for a continuous thirty-day
period;
7. "Self-service storage facility" means any real property
designed and used for the purpose of renting or leasing individual
storage space to occupants who are to have access to such facility
for the purpose of storing and removing personal property;
8. "Electronic mail" means an electronic message or an
executable program or computer file that contains an image of a
message that is transmitted between two or more computers or
electronic terminals and includes electronic messages that are
transmitted within or between computer networks;
9. "Sale" means a sale made after public notice and includes but
is not limited to a sale at the self-service storage facility or a
sale conducted online at a publicly accessible website; and
10. "Verified mail" means any method of mailing that is offered
by the United States Postal Service or private delivery service that
provides evidence of mailing.
Added by Laws 1998, c. 306, § 2, eff. Nov. 1, 1998. Amended by Laws
2018, c. 160, § 1, eff. Nov. 1, 2018.
§42-193. Applicability of Article 7 of Commercial Code.
If an owner issues any warehouse receipt, bill of lading, or
other document of title for the personal property stored, the owner
and the occupant are subject to the provisions of Article 7 of Title
1(2''/'' $6)4
12A of the Oklahoma Statutes, and the provisions of this act are not
applicable.
Added by Laws 1998, c. 306, § 3, eff. Nov. 1, 1998.
§42-194. Duty of care - Disclosure.
A. The duty of care an owner must exercise with respect to
personal property located in a self-service storage facility is
ordinary care only.
B. Each owner of a self-service storage facility shall provide a
disclosure in the rental agreement, in conspicuous terms and in a
conspicuous manner, that the occupant has a duty to safeguard the
personal property located in a self-service storage facility from
losses and that the owner has no legal obligation to provide
insurance to protect the personal property from loss.
C. No owner of a self-service storage facility shall be liable
for loss sustained by an occupant as a result of theft committed by a
third party provided that ordinary care was exercised.
D. If the rental agreement contains a limit on the value of
property stored in an occupant's space, such limit shall be deemed to
be the maximum value of the stored property and the maximum liability
of the owner for any claim for loss of or damage to stored property.
Added by Laws 1998, c. 306, § 4, eff. Nov. 1, 1998. Amended by Laws
2018, c. 160, § 2, eff. Nov. 1, 2018.
§42-195. Default by occupant - Prevention of access - Liability for
damage to property.
A. An owner shall have the right to take such action as may be
required to prevent an occupant who has committed an act of default
pursuant to the rental agreement from gaining access to the self-
service storage facility or any specific location at which personal
property is stored by an occupant. The owner of a self-service
storage facility shall not be liable for damages sustained by an
occupant, if any, alleged to result from action taken by the owner to
prevent access to the self-service storage facility after the
occupant has committed an act of default pursuant to the rental
agreement.
B. If an occupant damages any real or personal property of the
owner in order to attempt to regain access to a self-service storage
facility, or any component of a self-service storage facility,
including but not limited to the destruction of a padlock or similar
device, in addition to criminal liability, the occupant shall be
liable for the damage caused and the owner of the self-service
storage facility may add the damages or expenses incurred as a result
of the action taken by the occupant to the amount of unpaid storage
charges for purposes of enforcing the lien authorized by Section 6 of
this act.
Added by Laws 1998, c. 306, § 5, eff. Nov. 1, 1998.
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§42-196. Lien - Date of attachment - Disclosure of other
lienholders.
A. Where a rental agreement, as defined in Section 192 of this
title, is entered into between the owner and the occupant, the owner
of a self-service storage facility and his heirs, executors,
administrators, successors, and assigns have a lien upon all personal
property located at the self-service storage facility for rent, late
fees, labor, or other charges, present or future, in relation to the
personal property and for expenses necessary for its preservation or
expenses reasonably incurred in its sale or other disposition
pursuant to the Self-Service Storage Facility Lien Act.
B. The lien attaches as of the date the personal property is
brought to the self-service storage facility and continues so long as
the owner retains possession and until the default is corrected, or a
sale is conducted, or the property is otherwise disposed of to
satisfy the lien.
C. A facility or unit owner may charge a tenant a reasonable
late fee for each period that the tenant does not pay rent due under
the rental agreement. The amount of the late fee and the conditions
for imposing such a fee shall be stated in the rental agreement or in
an addendum to the agreement. For purposes of this subsection, a
late fee not to exceed the greater of Twenty Dollars ($20.00) or
twenty percent (20%) of unpaid rent is considered reasonable.
D. The rental agreement shall contain a provision directing the
occupant to disclose any lienholders with an interest in property
that is or will be stored in a self-service storage facility.
E. If the personal property is a vehicle, watercraft or trailer
and rent and other charges remain unpaid for sixty (60) days, the
facility owner may have the vehicle, watercraft or trailer towed from
the self-service storage facility. If the vehicle, watercraft or
trailer is towed from the self-service storage facility, the facility
owner shall not be liable for the vehicle, watercraft or trailer or
for any damages to the vehicle, watercraft or trailer once the towing
company takes possession of the property.
Added by Laws 1998, c. 306, § 6, eff. Nov. 1, 1998. Amended by Laws
2018, c. 160, § 3, eff. Nov. 1, 2018.
§42-197. Priority - Enforcement - Notice - Sale of property.
A. An owner's lien as provided for a claim which has become due
may be satisfied as provided by this section. The possessory lien
authorized by this section shall be prior to any previously perfected
security interest in the personal property pursuant to Section 1-9-
333 of Title 12A of the Oklahoma Statutes.
B. No enforcement action shall be taken by the owner until the
occupant has been in default continuously for a period of thirty (30)
days. As used in this subsection, "enforcement action" shall not
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include actions of the owner taken pursuant to Section 195 of this
title.
C. After the occupant has been in default continuously for a
period of thirty (30) days, the owner may begin enforcement action if
the occupant has been notified in writing. Said notice shall be
delivered in person or sent by verified mail to the last-known
address of the occupant or, if mutually agreed between the owner and
occupant in the rental agreement or in an addendum to the rental
agreement, by electronic mail. Any lienholder with an interest in
the property to be sold or otherwise disposed of, of whom the owner
has actual knowledge, shall be included in the notice process via
verified mail. If the occupant provides his or her electronic mail
address for purposes of receiving notices pursuant to this
subsection, the rental agreement or addendum to the rental agreement
must provide space for the occupant to give the name and electronic
mail address of another person to whom the notice may be sent.
Failure of an occupant to give the name and electronic mail address
of another person shall not affect an owner's rights or remedies
under this title or under any other provision of law. The other
person, if any, does not have any rights to access the occupant's
space or to the personal property stored in the occupant's space
unless expressly stated otherwise in the rental agreement or addendum
to the rental agreement.
D. The notice shall include:
1. An itemized statement of the owner's claim showing the sum
due at the time of the notice and the date when the sum became due;
2. A brief and general description of the personal property
subject to the lien. The description shall be reasonably adequate to
permit the person notified to identify such property, except that any
container including, but not limited to, a trunk, valise, or box that
is locked, fastened, sealed, or tied in a manner which deters
immediate access to its contents may be described as such without
describing its contents;
3. A notification of denial of access to the personal property,
if such denial is permitted under the terms of the rental agreement,
which notification shall provide the name, street address, and
telephone number of the owner or his designated agent whom the
occupant may contact to respond to such notification;
4. A demand for payment within a specified time not less than
fifteen (15) days after delivery of the notice; and
5. A conspicuous statement that, unless the claim is paid within
the time stated in the notice, the personal property will be
advertised for sale or other disposition and will be sold or
otherwise disposed of at a specified time and place.
E. Any notice made pursuant to this section by verified mail
shall be presumed delivered when it is deposited with the United
States Postal Service or a private delivery service and properly
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addressed with postage prepaid. Any electronic mail notice made
pursuant to this section shall be presumed delivered when it is sent
and properly addressed and does not return as unavailable. If an
electronic mail is returned as unavailable, notice shall be given by
verified mail.
F. After the expiration of the time given in the notice, an
advertisement of the sale or other disposition shall be published
once in a newspaper of general circulation in the county where the
self-service storage facility is located.
G. The advertisement prescribed by subsection F of this section
shall include:
1. A brief and general description of the personal property
reasonably adequate to permit its identification as provided in
paragraph 2 of subsection D of this section, the address of the self-
service storage facility and the number, if any, of the space where
the personal property is located, and the name of the occupant and
his last-known address; or
2. The time, place, and manner of the sale or other disposition.
The sale or other disposition shall take place not sooner than
fifteen (15) days after the publication.
If there is no newspaper of general circulation in the county
where the self-service storage facility is located, the advertisement
shall be posted at least ten (10) days before the date of the sale or
other disposition in not less than six conspicuous places in the
neighborhood where the self-service storage facility is located and
published one time in a legal newspaper in an adjoining county of
this state, which newspaper has general circulation in the county or
political subdivision in which such notice is required.
H. Any sale or other disposition of the personal property shall
conform to the terms of the notification as provided for in this
section.
I. Any sale or other disposition of the personal property shall
be held online, at the self-service storage facility or at the
nearest suitable place to where the personal property is held or
stored.
J. Before any sale or other disposition of personal property
pursuant to this section, the occupant may pay the amount necessary
to satisfy the lien and the reasonable expenses incurred under this
section and thereby redeem the personal property. Upon receipt of
such payment, the owner shall return the personal property, and
thereafter the owner shall have no liability to any person with
respect to such personal property.
K. A purchaser in good faith of the personal property sold to
satisfy a lien as provided in this act takes the property free of any
rights of persons against whom the lien was valid and free of any
rights of a secured creditor, despite noncompliance by the owner with
the requirements of this section.
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L. In the event of a sale under this section, the owner may
satisfy his lien from the proceeds of the sale.
M. If the proceeds from sale of the property are less than the
amount required to pay the obligation secured by the lien, the owner
may pursue a deficiency against the tenant. If the proceeds from
sale of the property are more than the amount required to pay the
obligation secured by the owner's lien, the owner shall hold the
excess proceeds for a period of ninety (90) days from the date of the
sale. During this period, any persons, including the tenant,
claiming an interest in the excess proceeds from the sale of the
property shall present adequate proof of their claim to the owner.
After the expiration of the ninety-day period, the owner shall make
such distribution of the excess proceeds as is required based upon
the claims presented. If after making distribution of the proceeds
as prescribed by this subsection there are any remaining proceeds,
the excess proceeds shall be presumed abandoned and administered in
accordance with the Uniform Unclaimed Property Act.
N. If the requirements of the Self-Service Storage Facility Lien
Act are not satisfied, if the sale of the personal property is not in
conformity with the notice of sale, or if there is a willful
violation of this act, nothing in this section affects the rights and
liabilities of the owner, the occupant, or any other person.
O. Any purchaser of personal property sold pursuant to this
section for which a certificate of title has been issued by the
Oklahoma Tax Commission shall obtain a certificate of title to be
issued in the purchaser's name in the same manner as provided by law
for the issuance of a certificate of title for property requiring a
certificate of title sold pursuant to the provisions of Sections 91
through 102 of this title.
Added by Laws 1998, c. 306, § 7, eff. Nov. 1, 1998. Amended by Laws
1999, c. 212, § 3, eff. Nov. 1, 1999; Laws 2000, c. 371, § 172, eff.
July 1, 2001; Laws 2018, c. 160, § 4, eff. Nov. 1, 2018.
§42-197.1. Abandonment or surrender – Possession – Disposal –
Notice.
A. If the occupant abandons or surrenders possession of the
self-service storage facility and leaves household goods,
furnishings, fixtures, or any other personal property in the self-
service storage facility, the owner may take possession of the
property, and if, in the judgment of the owner, the property has no
ascertainable or apparent value, the owner may dispose of the
property without any duty of accounting or any liability to any
party.
B. If the occupant abandons or surrenders possession of the
self-service storage facility and leaves household goods,
furnishings, fixtures, or any other personal property in the self-
service storage facility, the owner may take possession of the
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property, and if, in the judgment of the owner the property has an
ascertainable or apparent value, such property left with the owner
for a period of thirty (30) days or longer shall be conclusively
determined to be abandoned and as such the owner may dispose of said
property in any manner which he deems reasonable and proper without
liability to the occupant or any other interested party; however,
before the property is disposed of, the owner shall provide written
notice to the occupant, by certified mail with return receipt
requested, and the owner may dispose of the property fifteen (15)
days after the owner receives the return receipt document or fifteen
(15) days after the owner receives a communication from the United
States Post Office that the written notice was not claimed by the
addressee, whichever period occurs first.
Added by Laws 1999, c. 212, § 4, eff. Nov. 1, 1999.
§42-198. Residential use prohibited.
No occupant shall use a self-service storage facility for
residential purposes.
Added by Laws 1998, c. 306, § 8, eff. Nov. 1, 1998.
§42-199. Other rights not impaired or affected.
Nothing in this act shall be construed as in any manner impairing
or affecting the right of parties to create liens by special contract
or agreement, nor shall it in any manner affect or impair other liens
arising at common law in equity, or by any statute of this state.
Added by Laws 1998, c. 306, § 9, eff. Nov. 1, 1998.
§42-200. Publication of act.
The Oklahoma Real Estate Commission shall cause the "Self-Service
Storage Facility Lien Act" to be reproduced in a publication together
with other statutes of the State of Oklahoma as are ordinarily
reproduced by the Commission for distribution to the public.
Added by Laws 1998, c. 306, § 10, eff. Nov. 1, 1998.
§42-201. Short title.
This act shall be known and may be cited as the “Commercial Real
Estate Broker Lien Act”.
Added by Laws 2006, c. 166, § 1, eff. Nov. 1, 2006.
§42-202. Definitions.
As used in this act:
1. “Commercial real estate” means any real estate other than:
a. real estate containing one to four residential units,
or
b. real estate on which no buildings or structures are
located and which is zoned for single-family
residential use.
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Commercial real estate shall not include single-family
residential units such as condominiums, town houses, or homes in a
subdivision when sold, leased, or otherwise conveyed on a unit-by-
unit basis, even though these units may be a part of a larger
building or parcel of real estate containing more than four
residential units;
2. “Commission” means any and all compensation which may be due
a broker for performance of licensed services; and
3. “Real estate broker” shall be defined pursuant to Section
858-102 of Title 59 of the Oklahoma Statutes.
Added by Laws 2006, c. 166, § 2, eff. Nov. 1, 2006.
§42-203. Real estate broker lien - Attachment.
A. A real estate broker shall have a lien, upon commercial real
estate or any interest in that commercial real estate which is the
subject of a purchase, lease or other conveyance to a buyer or tenant
of an interest in the commercial real estate, in the amount that the
broker is due for licensed services which shall include, without
limitation, brokerage fees, consulting fees, and management fees.
The lien shall be available only to the broker named in a written
instrument signed by an owner, buyer, or tenant or their respective
agents as applicable.
B. A lien under this act shall attach to commercial real estate
or any interest in the commercial real estate when:
1. The broker is entitled to a stated fee or commission provided
in a written instrument signed by the owner, buyer, tenant, or their
respective authorized agents, as applicable; and
2. The broker records a notice of lien in the county clerk’s
office of the county in which the real property is located, prior to
the actual conveyance or transfer of the commercial real estate
against which the broker is claiming a lien, except as provided in
subsection C, D or E of this section. The lien shall attach as of
the date of the recording of the notice of lien and does not and
shall not relate back to the date of the written instrument.
C. LEASES. In the case of a lease, including a sublease or
assignment of lease, the notice of lien must be recorded not later
than ninety (90) days after the tenant takes possession of the leased
premises. The lien shall attach as of the recording of the notice of
lien and shall not relate back to the date of the written instrument.
D. FUTURE COMMISSIONS IN LEASE TRANSACTIONS. 1. If a broker
may be due additional commission as a result of future actions,
including but not limited to the exercise of an option to expand the
leased premises, to renew or extend a lease, pursuant to a written
instrument signed by the then owner or tenant, the broker may record
its notice or lien at any time after execution of the lease or other
written instrument which contains such option but not later than
ninety (90) days after the event or occurrence on which the future
1(2''/'' $6)+
commission is claimed occurs. An action to foreclose a lien to
collect future commissions must be commenced within two (2) years of
the occurrence or transaction on which the future commission is
claimed.
2. In the event that the property is sold or otherwise conveyed
prior to the date on which a future commission is due and if the
broker has filed a valid notice of lien prior to the sale or other
conveyance of the property, then the purchaser or transferee shall be
deemed to have notice of and shall take title to the property subject
to the notice of lien. Provided, however, that if a broker claiming
a future commission fails to record its notice of lien for future
commission prior to the recording of a deed conveying legal title to
the property to the purchaser or transferee, then such broker may not
claim a lien on the property. The provisions of this subsection
shall not limit or otherwise affect claims or defenses a broker or
owner or any other party may have on any other basis, in law or in
equity.
E. BUYER’S BROKER. If a broker has a written agreement with a
prospective buyer or tenant as described in subsection A of this
section, then the lien shall attach upon the prospective buyer
purchasing or otherwise accepting a conveyance or transfer of the
commercial real estate and the recording of a notice of lien by the
broker in the county clerk’s office of the county in which the real
property, or any interest in the real property is located, within
ninety (90) days after the purchase or other conveyance or transfer
to the buyer or tenant. The lien shall attach as of the date of the
recording of the notice of lien and shall not relate back to the date
of the written instrument.
Added by Laws 2006, c. 166, § 3, eff. Nov. 1, 2006.
§42-204. Notice of lien - Mailing.
The broker shall, within ten (10) days of recording its notice of
lien, either mail a copy of the notice of lien to the owner of record
on the commercial real estate by registered or certified mail at the
address of the owner stated in the written instrument on which the
claim for lien is based, or if no such address is given, then to the
address of the commercial real estate on which the claim of lien is
based. Mailing of the copy of the notice of lien is effective when
deposited in a United States mailbox with postage prepaid. The
broker’s lien shall be unenforceable if mailing or service of the
copy of notice of lien does not occur at the time and in the manner
required by this section.
Added by Laws 2006, c. 166, § 4, eff. Nov. 1, 2006.
§42-205. Suit to enforce lien - Extinguishment of lien.
A. A broker claiming a lien under this act shall, within two (2)
years after recording the notice of lien, bring suit to enforce the
1(2''/'' $6).
lien in the district court in the county where the property is
located. Failure to commence proceedings as required herein within
two (2) years after recording the notice of lien shall extinguish the
lien. No subsequent notice of lien may be given for the same claim
nor may that claim be asserted in any proceedings under this act.
B. A broker claiming a lien based upon an option or other right
to purchase or lease shall, within two (2) years after the transfer
or conveyance of the commercial real estate under the exercise of the
option to purchase or lease, commence proceedings by filing a
complaint. Failure to commence proceedings within this time shall
extinguish the lien. No subsequent notice of lien may be given for
the same claim nor may that claim be asserted in any proceedings
under this act.
Added by Laws 2006, c. 166, § 5, eff. Nov. 1, 2006.
§42-206. Notice of lien - Contents.
The notice of lien shall state the name of the claimant, the name
of the owner, a description of the property upon which the lien is
being claimed, the amount for which the lien is claimed, and the
license number of the real estate broker. The notice of lien shall
recite that the information contained in the notice is true and
accurate to the knowledge of the signators. The notice of lien shall
be signed by the broker or by a person authorized to sign on behalf
of the broker and shall be notarized.
Added by Laws 2006, c. 166, § 6, eff. Nov. 1, 2006.
§42-207. Release or satisfaction of lien - Demand for suit to
enforce lien - Alternate dispute resolution - Attorneys' fees, costs
and interest.
A. Whenever a notice of lien has been filed with the county
clerk and a condition occurs that would preclude the broker from
receiving compensation under the terms of the written agreement on
which the lien is based, the broker shall provide to the owner of
record a written release or satisfaction of the lien.
B. An owner, lienee, or other authorized agent may serve written
demand on the broker claiming the lien requiring the broker to file
suit to enforce the lien. Upon receipt of the written demand, the
broker shall file suit within thirty (30) days, or the lien shall be
extinguished. Service of such written demand may be made by
registered or certified mail, return receipt requested, or by
personal service.
C. Whenever a notice of lien has been filed with the county
clerk and such claimed commission has been paid to the broker
claiming the lien, or where there is failure to institute a suit to
enforce the lien within the time provided by this act, the broker
shall acknowledge satisfaction or release of the notice of lien in
writing, on written demand of the owner within five (5) days after
1(2''/'' $6)0
payment or within five (5) days of expiration of the time in which
the notice of lien was to be filed.
D. If the broker and the party or parties from whom the
commission is claimed agree to alternative dispute resolution, the
claim shall be heard and resolved in the forum on which these parties
have agreed. The court before which the lien foreclosure proceeding
is brought shall retain jurisdiction to enter judgment on the award
or other result made or reached on alternative dispute resolution on
all parties to the foreclosure. The broker’s notice of lien shall
remain of record and the foreclosure proceeding shall be stayed
during the pendency of the resolution process.
E. The cost of proceedings brought under this act, including
reasonable attorney fees, costs, and prejudgment interest due to the
prevailing party, shall be borne by the nonprevailing party or
parties. When more than one party is responsible for costs, fees,
and prejudgment interest, the costs, fees, and prejudgment interest
shall be equitably appointed by the court or tribunal among those
responsible parties.
Added by Laws 2006, c. 166, § 7, eff. Nov. 1, 2006.
§42-208. Priority of lien.
Prior valid recorded liens, mortgages, and other encumbrances
shall have priority over a broker’s lien. Such prior recorded liens,
mortgages, and encumbrances shall include, without limitation:
1. A valid mechanic’s lien claim that is recorded after the
broker’s notice of lien but which relates back to a date prior to the
recording date of the broker’s notice of lien; and
2. Prior recorded liens securing revolving credit and future
advances or construction loans.
Added by Laws 2006, c. 166, § 8, eff. Nov. 1, 2006.
§42-209. Lien on escrow account.
Except as otherwise provided in this section, whenever a claim
for lien has been filed with the county clerk, and an escrow account
has been established either from the proceeds from the transaction or
any other source of funds in an amount equal to one hundred twenty-
five percent (125%) of the amount of the claim for lien, then the
lien against the commercial real estate shall be extinguished and
become a lien on the funds contained in the escrow account. The
establishment of an escrow account, as provided for in this section,
shall not be cause for any party to refuse to close the transaction.
Added by Laws 2006, c. 166, § 9, eff. Nov. 1, 2006.
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