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 "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.
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:
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:
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:
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.
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.
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:
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. 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;
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.
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.