A mechanics lien in Oklahoma is legal documents that basically preserve the rights of the person filing the lien. They are generally filed by businesses contractors, subcontractors, or suppliers. They file them when they haven’t received payment for work performed or materials that they provided for a specific piece of property. The lien encumbers the piece of land, the buildings and appurtenances. The amount of the incumbrancer is for all amount owed including administration fee.
Who Can File a Mechanics Lien in Oklahoma?
Generally speaking, anyone who performs work on a piece of property for the owner can file a Mechanic’s lien. Oklahoma law provides that “any person who shall, under oral or written contract with the owner of any tract or piece of land, performs labor, furnishes material or leases or rents equipment used on said land for the erection, alteration or repair of any building, improvement or structure thereon or performs labor in putting up any fixtures, machinery in, or attachment to, any such building, structure or improvements; or who shall plant any tree, vines, plants or hedge in or upon such land; or who shall build, alter, repair or furnish labor, material or lease or rent equipment used on said land for buildings, altering, or repairing any fence or foot walk in or upon said land, or any sidewalk in any street abutting such land” can file a Mechanic’s lien.
Why File a Mechanic’s Lien?
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. You must act quickly. There is a time limit for filing a mechanic’s lien.
When to File a Mechanic’s Lien?
Any person claiming a lien shall file it along with a verification within four (4) months after the date upon which material or equipment used on said land was last furnished or labor last performed under contract as aforesaid. If the claim is for a planting, such statement shall be filed within four (4) months.
Where to File a Mechanic’s Lien?
A Mechanic’s lien must be filed in the office of the county clerk of the county in which the property is situated. So if the property that was worked on is in Tulsa County that’s where the lien is filed. The lien must contain a statement setting forth the amount claimed. It must also include the items thereof as nearly as practicable, the names of the owner, the contractor, the claimant, and a legal description of the property subject to the lien.
Can a Mechanics Lien be Discharged in Bankruptcy
In Oklahoma, filing a bankruptcy is a great tool used by consumers to rid themselves of debt. The choice of bankruptcy is usually a chapter 7 or a chapter 13. Although bankruptcy is a great tool to eliminate debt the filer will not be able to defeat a mechanics lien. The reason is that a mechanics lien in Oklahoma uses the property that’s its filed against as security. In a bankruptcy law a lien is not avoided by filing a case. This means that the home owner must either pay the debt or surrender the property that the lien is placed on. So, if a company puts an air conditioner in a house and the homeowner doesn’t pay and later files bankruptcy the lien remains. For more information and a free consultation with our Tulsa Lawyers call us at 918.743.2233
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