{"data":{"id":"us-ok/okla.-stat.-tit.-42-42-142.6","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 42, § 42-142.6","heading":"Pre-lien notice - Requirements – Affidavit - Penalties","body":"A. For the purposes of this section:\n\n1. “Claimant” means a person, other than an original\n\ncontractor, that is entitled or may be entitled to a lien pursuant\n\nto Section 141 of this title; and\n\n2. “Person\" means any individual, corporation, partnership,\n\nunincorporated association, or other entity.\n\nB. 1. Prior to the filing of a lien statement pursuant to\n\nSection 143.1 of this title, but no later than seventy-five (75)\n\ndays after the last date of supply of material, services, labor, or\n\nequipment in which the claimant is entitled or may be entitled to\n\nlien rights, the claimant shall send to the last-known address of\n\nthe original contractor and an owner of the property a pre-lien\n\nnotice pursuant to the provisions of this section. Provided\n\nfurther, no lien affecting property then occupied as a dwelling by\n\nan owner shall be valid unless the pre-lien notice provided in this\n\nsection was sent within seventy-five (75) days of the last\n\nfurnishing of materials, services, labor or equipment by the\n\nclaimant.\n\n2. The provisions of this section shall not be construed to\n\nrequire:\n\na. a pre-lien notice with respect to any retainage held\n\nby agreement between an owner, contractor, or\n\nsubcontractor, or\n\nb. more than one pre-lien notice during the course of a\n\nconstruction project in which material, services,\n\nlabor, or equipment is furnished.\n\nA pre-lien notice sent in compliance with this section for the\n\nsupply of material, services, labor, or equipment that entitles or\n\nmay entitle a claimant to lien rights shall protect the claimant’s\n\nlien rights for any subsequent supply of material, services, labor,\n\nor equipment furnished during the course of a construction project.\n\n3. Except as otherwise required in paragraph 1 of this\n\nsubsection, the pre-lien notice requirements shall not apply to a\n\nclaimant:\n\na. whose claim relates to the supply of material,\n\nservices, labor, or equipment furnished in connection\n\nwith a residential project. For the purposes of this\n\nsubparagraph, the term “residential” shall mean a\n\nsingle family or multifamily project of four or fewer\n\ndwelling units, none of which are occupied by an\n\nowner, or\n\nb. whose aggregate claim is less than Ten Thousand\n\nDollars ($10,000.00).\n\n4. The pre-lien notice shall be in writing and shall contain,\n\nbut not be limited to, the following:\n\na. a statement that the notice is a pre-lien notice,\n\nb. the complete name, address, and telephone number of\n\nthe claimant, or the claimant’s representative,\n\nc. the date of supply of material, services, labor, or\n\nequipment,\n\nd. a description of the material, services, labor, or\n\nequipment,\n\ne. the name and last-known address of the person who\n\nrequested that the claimant provide the material,\n\nservices, labor, or equipment,\n\nf. the address, legal description, or location of the\n\nproperty to which the material, services, labor, or\n\nequipment has been supplied,\n\ng. a statement of the dollar amount of the material,\n\nservices, labor, or equipment furnished or to be\n\nfurnished, and\n\nh. the signature of the claimant, or the claimant’s\n\nrepresentative.\n\n5. A rebuttable presumption of compliance with paragraph 1 of\n\nthis subsection shall be created if the pre-lien notice is sent as\n\nfollows:\n\na. hand delivery supported by a delivery confirmation\n\nreceipt,\n\nb. automated transaction pursuant to Section 15-115 of\n\nTitle 12A of the Oklahoma Statutes, or\n\nc. certified mail, return receipt requested. Notice by\n\ncertified mail, return receipt requested, shall be\n\neffective on the date mailed.\n\n6. The claimant may request in writing, the request to be sent\n\nin the manner as provided in paragraph 5 of this subsection, that\n\nthe original contractor provide to the claimant the name and last-\n\nknown address of an owner of the property. Failure of the original\n\ncontractor to provide the claimant with the information requested\n\nwithin five (5) days from the date of receipt of the request shall\n6. The claimant may request in writing, the request to be sent\n\nin the manner as provided in paragraph 5 of this subsection, that\n\nthe original contractor provide to the claimant the name and last-\n\nknown address of an owner of the property. Failure of the original\n\ncontractor to provide the claimant with the information requested\n\nwithin five (5) days from the date of receipt of the request shall\n\nrender the pre-lien notice requirement to the owner of the property\n\nunenforceable.\n\nC. At the time of the filing of the lien statement, the\n\nclaimant shall furnish to the county clerk a notarized affidavit\n\nverifying compliance with the pre-lien notice requirements of this\n\nsection. Any claimant who falsifies the affidavit shall be guilty\n\nof a misdemeanor, and upon conviction thereof may be punished by a\n\nfine of not more than Five Thousand Dollars ($5,000.00), or by\n\nimprisonment in the county jail for not more than thirty (30) days,\n\nor by both such fine and imprisonment. If the value of the property\n\nembezzled is Two Thousand Five Hundred Dollars ($2,500.00) or more\n\nbut less than Fifteen Thousand Dollars ($15,000.00), the claimant\n\nshall, upon conviction, be guilty of a Class D1 felony offense and\n\nshall be punished by imprisonment as provided for in subsections B\n\nthrough F of Section 20N of Title 21 of the Oklahoma Statutes.\n\nD. Failure of the claimant to comply with the pre-lien notice\n\nrequirements of this section shall render that portion of the lien\n\nclaim for which no notice was sent invalid and unenforceable.","path":["OK Code","Title 42"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os42.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"f78423f0bf738aadabf2537e21b23e762c428eb37b0e7ceccf0c66224945587c","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-42-42-142.4","next":"us-ok/okla.-stat.-tit.-42-42-143"},"notice":"GroundRules: Original legal text. Not legal advice."}