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 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.
Structure Oklahoma Statutes
§42-4. Special lien - Prior lien.
§42-8. Lien on future interest.
§42-9. Lien to take immediate effect.
§42-10. Lien transfers no title.
§42-11. Contracts for forfeiture of property and restraining redemption.
§42-12. Lien does not imply obligation.
§42-13. Extent of lien limited.
§42-14. Holder of lien not entitled to compensation.
§42-15. Priority of liens according to date.
§42-16. Priority of mortgage for price of realty.
§42-17. Order of resort for payment of prior liens.
§42-18. Persons entitled to redeem lien - Federal right of first refusal - Rule of construction.
§42-19. Holder of inferior lien - Redemption.
§42-20. Redemption - How made.
§42-21. Lien is an accessory obligation.
§42-22. Sale or conversion of property extinguishes lien.
§42-24. Partial performance as extinguishing lien.
§42-25. Voluntary restoration as extinguishing lien.
§42-26. Vendor's lien for price of realty.
§42-27. Waiver of vendor's lien.
§42-28. Validity of liens of vendors and purchasers.
§42-30. Lien of purchaser of real property.
§42-33. Special lien of officer levying attachment or execution.
§42-43. Hospital liens in personal injury cases - Priority - Exception.
§42-44. Filing of notice of lien - Enforcement by civil action.
§42-45. Insurance agent's lien.
§42-47. Provider of seed, chemicals, pesticides, herbicides or fertilizer - Agricultural lien.
§42-49. Ambulance service provider liens.
§42-90. Notice preparers to register and submit annual fee.
§42-91.1. Abandoned vehicle auctions – Exemption from fees and taxes.
§42-91.2. Liens on farm equipment.
§42-92. Laborer's lien on products of labor.
§42-98. Filing of statement of lien with county clerk - Innocent purchasers.
§42-99. Priority of mortgage liens.
§42-100. Foreclosure of liens.
§42-101. Sale, disposal or removal of property covered by lien - Punishment.
§42-102. Discharge of lien when satisfied.
§42-104. Enforcement and foreclosure of liens on farm equipment.
§42-111. Persons entitled to liens - Commencement of lien.
§42-112. Filing statement of lien in office of county clerk - Right to lien as against purchaser.
§42-113. Priority of mortgage liens - Liability of mortgagee consenting in writing.
§42-114. Statement furnished owner by thresher - Forfeiture on failure to comply.
§42-116. Sale for purpose of paying threshing or combining bill.
§42-117. Selling in violation of lien.
§42-118. Satisfaction of lien - Discharge - Record - Duty of holders.
§42-120. Statement to be furnished owner or person in charge - False statements as to law.
§42-121. Removal of grain or seed with fraudulent intent - Fraudulent appropriation.
§42-131. Lien provided for work.
§42-132. Procedure to perfect lien.
§42-141. Right to lien - Priority - Enforceablility against property - Constructive notice.
§42-141.1. Transfer of records, funds, and powers and duties to county clerk.
§42-142. Statement to be filed.
§42-142.4. Fraudulent statement - Felony.
§42-142.6. Pre-lien notice - Requirements – Affidavit - Penalties.
§42-143. Lien by or through subcontractor.
§42-143.1. Notice - Filing of lien statement - Fees.
§42-143.3. Leased or rented equipment - Exemption from act.
§42-143.4. Leased or rented equipment - Property used for production of oil or gas.
§42-144. Oil and gas well liens.
§42-144.1. Effectiveness of lien against purchaser - Delivery of copy of statement of lien.
§42-144.2. Trust funds for payment of lienable claims.
§42-145. Oil and gas well lien by or through subcontractor.
§42-146. Enforcement of lien on oil and gas wells.
§42-148. Lien on mining property for work thereon.
§42-149. Suit within one year.
§42-151. Lightning rods not included herein.
§42-153. Payment of lienable claims.
§42-161. Right to lien against railroads.
§42-174. Consolidation of actions and stay of trial.
§42-175. Sale of property after judgment.
§42-177. Suit by owner to determine lien and cancellation of lien on docket.
§42-178. Proceeds insufficient.
§42-180. Liens against manufactured homes – Repossession - Notice.
§42-193. Applicability of Article 7 of Commercial Code.
§42-194. Duty of care - Disclosure.
§42-195. Default by occupant - Prevention of access - Liability for damage to property.
§42-196. Lien - Date of attachment - Disclosure of other lienholders.
§42-197. Priority - Enforcement - Notice - Sale of property.
§42-197.1. Abandonment or surrender – Possession – Disposal – Notice.
§42-198. Residential use prohibited.
§42-199. Other rights not impaired or affected.
§42-203. Real estate broker lien - Attachment.
§42-204. Notice of lien - Mailing.
§42-205. Suit to enforce lien - Extinguishment of lien.