Oklahoma Waiver of Lien by Automobile or Car Mechanic

State:
Multi-State
Control #:
US-01793BG
Format:
Word; 
Rich Text
Instant download

Description

When a tradesman provides materials and services, the law provides him with a lien upon the item that was improved by his skill, materials, and labor. These liens come in two different varieties, the mechanic's lien and the repairman's lien.


A repairman's lien applies only to personal property and is created by long-standing common (judge-made) law. It most commonly arises with motor vehicles, but it applies to all items of personal property. The lien is created automatically when anyone makes repairs to personal property. It exists only as long as the item repaired is in the repairman's possession and the debt is unpaid. The repairman may hold the property until such time as the lien is repaid. This lien even takes priority over the lien held by a bank that financed the item, so that the bank cannot repossess the item from the repairman without first paying the repair bill. This makes sense because it is only fair that the bank pay for the repairs that improved the value of the property is it repossessing.

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FAQ

You must file your lien within 120 days. You have one year to file your lawsuit to foreclose your lien.

A property owner can neutralize the Mechanics and Materialmen's Lien by depositing with the county clerk either an amount of money equal to 125% of the lien amount, or a surety bond (called a lien release bond) in an amount equal to 125% of the lien amount.

No. There is no statutory requirement in Oklahoma that a lien waiver be notarized.

A person files a Mechanics lien in Oklahoma to secure payment, from the owner of the property. The amount of the payment includes all sums owed to the person at the time the lien is filed. This includes, without limitation, applicable profit and overhead costs.

The advantage of holding a lien, however, is that it gives the lien holder the right to foreclose on the lien and force a sale of the property, with the lien holder having a priority claim (as against all liens created after the start of the work) to the proceeds from the sale of the property.

An action to enforce an Oklahoma mechanics lien must be initiated within 1 year of the date on which the lien was recorded. However, at least 90 days must have passed from the date on which the lien was recorded prior to initiating the enforcement action.

Ing to case law, a lien can be perfected by EITHER giving notice OR filing a lawsuit within 4 months of claimant's last work or delivery.

All lien claimants without a direct contract with the owner must file a lien statement within 90 days from the date labor or materials were last furnished to the property. An action to enforce an Oklahoma mechanics lien must be initiated within 1 year of the date on which the lien was recorded.

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Oklahoma Waiver of Lien by Automobile or Car Mechanic