reglab/statecodes huggingface dataset:
2023 Oklahoma Statutes › Title 42. Liens › §42-45. Insurance agent's lien.

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.
2023 Oklahoma Statutes › Title 42. Liens › §42-47. Provider of seed, chemicals, pesticides, herbicides or fertilizer - Agricultural lien.

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.
2023 Oklahoma Statutes › Title 42. Liens › §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.
2023 Oklahoma Statutes › Title 42. Liens › §42-90. Notice preparers to register and submit annual fee.

A person or persons charging a fee for the preparation or assistance in preparation of notices required by Chapter 2 of Title 42 of the Oklahoma Statutes, other than a person licensed under Title 5 of the Oklahoma Statutes, shall register with and submit a fifty-dollar annual fee to Service Oklahoma; provided, however, such requirements shall not apply to a lawful possessor or employee of a lawful possessor of the property for which such notices are issued. All documentation related to notices prepared by a person required to register pursuant to this section shall include the name of the person. A penalty of One Hundred Dollars ($100.00) shall be imposed upon a person who prepares or assists in the preparation of notices in violation of the requirements of this section. Service Oklahoma shall promulgate rules to effectuate the requirements of this section.
Added by Laws 2021, c. 477, § 1, eff. Jan. 1, 2022. Amended by Laws 2023, c. 310, § 9, eff. July 1, 2023.
2023 Oklahoma Statutes › Title 42. Liens › §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 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.
2023 Oklahoma Statutes › Title 42. Liens › §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 1-9-102 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.
2023 Oklahoma Statutes › Title 42. Liens › §42-91A. See the following versions:

OS 42-91Av1 (HB 1927, Laws 2023, c. 68, § 2).
OS 42-91Av2 (SB 566, Laws 2023, c. 102, § 1).
OS 42-91Av3 (SB 623, Laws 2023, c. 310, § 11).
2023 Oklahoma Statutes › Title 42. Liens › §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.
2023 Oklahoma Statutes › Title 42. Liens › §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.
2023 Oklahoma Statutes › Title 42. Liens › §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.
2023 Oklahoma Statutes › Title 42. Liens › §42-99. Priority of mortgage liens.

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.
2023 Oklahoma Statutes › Title 42. Liens › §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.
2023 Oklahoma Statutes › Title 42. Liens › §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.
2023 Oklahoma Statutes › Title 42. Liens › §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 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.
2023 Oklahoma Statutes › Title 42. Liens › §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.
2023 Oklahoma Statutes › Title 42. Liens › §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.
2023 Oklahoma Statutes › Title 42. Liens › §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.
2023 Oklahoma Statutes › Title 42. Liens › §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.
2023 Oklahoma Statutes › Title 42. Liens › §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.
2023 Oklahoma Statutes › Title 42. Liens › §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.
2023 Oklahoma Statutes › Title 42. Liens › §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.
2023 Oklahoma Statutes › Title 42. Liens › §42-119. Right to lien - Persons liable for threshing bills - Enforcement of lien by attachment - Persons against whom valid.

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.
2023 Oklahoma Statutes › Title 42. Liens › §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.
2023 Oklahoma Statutes › Title 42. Liens › §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 ($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.
2023 Oklahoma Statutes › Title 42. Liens › §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.
2023 Oklahoma Statutes › Title 42. Liens › §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.
2023 Oklahoma Statutes › Title 42. Liens › §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 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.
2023 Oklahoma Statutes › Title 42. Liens › §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.
2023 Oklahoma Statutes › Title 42. Liens › §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 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.
2023 Oklahoma Statutes › Title 42. Liens › §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.
2023 Oklahoma Statutes › Title 42. Liens › §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 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.
2023 Oklahoma Statutes › Title 42. Liens › §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.
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.
2023 Oklahoma Statutes › Title 42. Liens › §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.
2023 Oklahoma Statutes › Title 42. Liens › §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.
2023 Oklahoma Statutes › Title 42. Liens › §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 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.
2023 Oklahoma Statutes › Title 42. Liens › §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.
2023 Oklahoma Statutes › Title 42. Liens › §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.
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.
2023 Oklahoma Statutes › Title 42. Liens › §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.
2023 Oklahoma Statutes › Title 42. Liens › §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 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.
2023 Oklahoma Statutes › Title 42. Liens › §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 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.
2023 Oklahoma Statutes › Title 42. Liens › §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.
2023 Oklahoma Statutes › Title 42. Liens › §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.
(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.
2023 Oklahoma Statutes › Title 42. Liens › §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.
2023 Oklahoma Statutes › Title 42. Liens › §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 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.
2023 Oklahoma Statutes › Title 42. Liens › §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.