{"data":{"id":"us-ok/okla.-stat.-tit.-4-4-194.1","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 4, § 4-194.1","heading":"Foreclosure of lien upon a domestic animal","body":"A. A person who has a lien upon a domestic animal pursuant to\n\nTitle 4 of the Oklahoma Statutes may foreclose upon the lien while\n\nlawfully in possession of the animal.\n\nB. The lien may be foreclosed by a sale of the domestic animal\n\nupon notice which shall include:\n\n1. The names of the owner and any other known party or parties\n\nwho claim any interest in the domestic animal;\n\n2. A description of the domestic animal to be sold;\n\n3. The nature of the work, labor or service performed, or the\n\nmaterials or feed provided, any of which resulted in the creation of\n\nthe lien, and the value of the work, labor, services, materials or\n\nfeed;\n\n4. The time and place of sale; and\n\n5. The name of the party, agent or attorney foreclosing the\n\nlien. If the claimant is a business, the name of the contact person\n\nshall be shown. In place of an original signature and notary seal,\n\na digital or electronic signature or seal shall be accepted.\n\nC. The notice may relate to and contain information for more\n\nthan one domestic animal or lien, provided that the information\n\nrequired pursuant to subsection B of this section is provided for\n\neach domestic animal or lien.\n\nD. The notice shall be posted in three public places in the\n\ncounty where the property is to be sold at least ten (10) days\n\nbefore the time specified for such sale, and shall be mailed to the\n\nowner and any other party who claims any interest in the domestic\n\nanimal, at the last-known post office address, by certified mail.\n\nThe mailing shall occur at least ten (10) days before the time\n\nspecified for the sale.\n\nE. The lienor or any other person may in good faith become a\n\npurchaser of the property sold.\n\nF. Proceedings for foreclosure under this section shall not be\n\ncommenced until thirty (30) days after the lien has accrued, except\n\nas otherwise provided in the laws of this state.\n\nG. For purposes of this section:\n\n1. “Constructive possession” means possession by a person who,\n\nalthough not in actual possession, does not have an intention to\n\nabandon property, who knowingly has both the power and the intent at\n\na given time to exercise dominion or control over the property, and\n\nwho holds claim to the property pursuant to a legal right;\n\n2. “Commercially reasonable sale” shall include, but not be\n\nlimited to, any auction which members of the public may attend and\n\nbid;\n\n3. A “party who claims any interest in the domestic animal”\n\nshall include:\n\na. all owners of the domestic animal,\n\nb. any secured party who has a properly perfected lien in\n\naccordance with the laws of this state, and\n\nc. any other person having any interest in the domestic\n\nanimal, of whom the claimant has actual notice; and\n\n4. “Possession” shall include actual possession and\n\nconstructive possession.\n\nH. The method described in this section for foreclosing upon a\n\nlien is in addition to, and not exclusive of, any other method under\n\nthe laws of this state by which the lien may be properly foreclosed.\n\nI. Nothing in this section shall be construed to create any new\n\nlien rights or limit any existing lien rights provided under the\n\nlaws of this state; provided, however, this act shall not apply to\n\nliens created pursuant to Section 156 of Title 4 of the Oklahoma\n\nStatutes.\n\nJ. Notwithstanding the provisions of this section, the method\n\nof foreclosing upon a lien set forth in this section shall not be\n\nused for any lien created pursuant to Section 156 of Title 4 of the\n\nOklahoma Statutes.\n\nK. Any person who is induced by means of a check or other form\n\nof written order for immediate payment of money to deliver\n\npossession of a domestic animal on which the person has a lien\n\ncreated by subsection A of this section, which check or other\n\nwritten order is dishonored or is not paid when presented, shall\n\nhave a lien for the amount thereof upon the personal property. The\n\nperson claiming such lien shall, within thirty (30) days from the\nr other form\n\nof written order for immediate payment of money to deliver\n\npossession of a domestic animal on which the person has a lien\n\ncreated by subsection A of this section, which check or other\n\nwritten order is dishonored or is not paid when presented, shall\n\nhave a lien for the amount thereof upon the personal property. The\n\nperson claiming such lien shall, within thirty (30) days from the\n\ndate of dishonor of the check or other written order for payment of\n\nmoney, file an Effective Financing Statement pursuant to Sections 1-\n\n9-320.1 through 1-9-320.7 of Title 12A of the Oklahoma Statutes or a\n\nfinancing statement pursuant to Section 1-9-501 of Title 12A of the\n\nOklahoma Statutes, as applicable to the personal property, along\n\nwith a sworn statement that:\n\n1. The check or other written order for immediate payment of\n\nmoney, copy thereof being attached, was received for feeding,\n\nfurnishing feed, or keeping a domestic animal;\n\n2. The check or other written order was not paid; and\n\n3. The uttering of the check or other written order constituted\n\nthe means for inducing the person, one possessed of a special lien\n\ncreated by subsection A of this section upon the described domestic\n\nanimal, to deliver up the domestic animal.\n\nL. Any person who renders service to the owner of a domestic\n\nanimal by feeding, furnishing feed, or keeping a domestic animal\n\nshall have a lien on such domestic animal pursuant to this section\n\nif such property is removed from the person’s possession, without\n\nsuch person’s written consent or without payment for such service.\n\n1. The person claiming such lien shall, within thirty (30) days\n\nof such nonauthorized removal, file an Effective Financing Statement\n\npursuant to Sections 1-9-320.1 through 1-9-320.7 of Title 12A of the\n\nOklahoma Statutes or a financing statement pursuant to Section 1-9-\n\n501 of Title 12A of the Oklahoma Statutes, as applicable to the\n\npersonal property, along with a sworn statement including:\n\na. that services were rendered on or in relation to the\n\ndomestic animal by the person claiming the lien,\n\nb. that the domestic animal was in the possession of the\n\nperson claiming the lien but the domestic animal was\n\nremoved without the person’s consent,\n\nc. an identifying description of the domestic animal on\n\nor in relation to which the service was rendered, and\n\nd. that the debt for the services rendered on or in\n\nrelation to the domestic animal was not paid.\n\nProvided, if the unpaid total amount of the debt for\n\nservices rendered on or in relation to the domestic\n\nanimal is unknown, an approximated amount of the debt\n\nshall be included in the sworn statement. The\n\napproximated debt may be amended within thirty (30)\n\ndays of filing to reflect the actual amount of the\n\ndebt.\n\n2. The enforcement of the lien shall be within one hundred\n\ntwenty (120) days after filing the lien in the manner provided by\n\nlaw for enforcing the lien of a security agreement and provided that\n\nthe lien shall not affect the rights of innocent, intervening\n\npurchasers without notice.","path":["OK Code","Title 4"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os4.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"31529d753d8fd069b3effd82e2cbb316e3338f4bf37d7f777c31186046654fe1","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-4-4-193","next":"us-ok/okla.-stat.-tit.-4-4-195"},"notice":"GroundRules: Original legal text. Not legal advice."}