An Oklahoma mechanic’s lien is used by a contractor (the “claimant”) to demand payment for unpaid work or supplies from a property owner. By filing a mechanic’s lien with the local county clerk’s office, the claimant claims an interest in the owner’s property for the amount that they are owed. The clerk will serve notice of the lien on the property owner within (5) days of the filing date (§ 143.1). The owner will be pressured to pay the balance owing because the lien will greatly diminish their ability to sell the property or receive financing.
If the claim is for less than ten thousand dollars ($10,000) and is related to residential property with four (4) or fewer family dwellings that are not occupied by the owner, no preliminary notice is required. However, if the claim doesn’t meet these requirements, the preliminary notice must be given to the owner before a mechanic’s lien can be filed.
When required, the preliminary notice must be delivered within seventy-five (75) days after the work or supplies were provided. Once the notice has been served, the claimant will be required to provide the county clerk with a verified affidavit of service (§ 142.6(B)).
Laws & Requirements
- Laws: Chapter 3 – Mechanics’ Liens (§§ 141-154)
- Signing Requirements (§ 142): Verified by affidavit
- Where to Record: Local County Clerk’s Office
- Time Limit for Recording Lien:
- Deadline for Enforcing Lien (§ 149): One (1) year