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.
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.