{"data":{"id":"us-ok/okla.-stat.-tit.-42-42-91","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 42, § 42-91","heading":"Lien on certain personal property for service thereon -","body":"Foreclosure - Notice - Purchaser - Unpaid checks – Repossession.\n\nA. 1. a. This section applies to every vehicle, all-terrain\n\nvehicle, utility vehicle, manufactured home,\n\nmotorcycle, boat, outboard motor, or trailer that has\n\na certificate of title issued by Service Oklahoma or\n\nby a federally recognized Indian tribe in the State of\n\nOklahoma, except as otherwise provided in subsection D\n\nof this section. This section does not apply to farm\n\nequipment as defined in Section 91.2 of this title.\n\nThe items of personal property to which this section\n\napplies are collectively referred to as “Section 91\n\nPersonal Property”. If personal property is\n\napparently covered both by this section and by\n\nSections 191 through 200 of this title, the procedures\n\nset out in this section shall apply instead of\n\nSections 191 through 200 of this title.\n\nb. Salvage pools as defined in Section 591.2 of Title 47\n\nof the Oklahoma Statutes and class AA licensed wrecker\n\nservices taking possession of a vehicle pursuant to an\n\nagreement with or at the direction of, or dispatched\n\nby, a state or local law enforcement or government\n\nagency, or pursuant to the abandoned vehicle renewal\n\nprovisions of Section 954A of Title 47 of the Oklahoma\n\nStatutes, shall not be subject to the provisions of\n\nthis section, but shall be subject to the provisions\n\nof Section 91A of this title. Unless otherwise\n\nprovided by this subparagraph, class AA licensed\n\nwrecker services performing consensual tows shall be\n\nsubject to the provisions of this section.\n\n2. Any person who, while lawfully in possession of an article\n\nof Section 91 Personal Property, renders any service to the owner\n\nthereof by furnishing storage, rental space, material, labor or\n\nskill for the protection, improvement, safekeeping, towing, right to\n\noccupy space, storage or carriage thereof, has a special lien\n\nthereon, dependent on possession, for the compensation, if any,\n\nwhich is due to such person from the owner for such service.\n\n3. This special lien shall be subordinate to any perfected\n\nsecurity interest unless the claimant complies with the requirements\n\nof this section. Failure to comply with any requirements of this\n\nsection shall result in denial of any title application and cause\n\nthe special lien to be subordinate to any perfected lien. Upon such\n\ndenial, the applicant shall be entitled to one resubmission of the\n\ntitle application within fifteen (15) business days of receipt of\n\nthe denial, and proceed to comply with the requirements of this\n\nsection. In the event of a denial, the Notice of Possessory Lien\n\nand the Notice of Sale may be mailed on the same day in separate\n\nenvelopes and storage charges shall only be charged from the date of\n\nresubmission; however, before a Notice of Sale is to be mailed, the\n\npersonal property must have been possessed by the possessory lien\n\nclaimant for at least twenty-one (21) days. Furthermore, if the\n\ndenial was due to error by the party submitting the title\n\napplication, then no additional fee for the resubmission shall be\n\ncharged to the property owner. “Failure to comply” includes, but is\n\nnot limited to:\n\na. failure to timely provide additional documentation\n\nsupporting or verifying any entry on submitted forms\n\nas requested by Service Oklahoma, including but not\n\nlimited to United States Postal Service proof of\n\nreturn receipt requested such as Form 3811 or United\n\nStates Postal Service electronic equivalent,\n\nb. failure to provide the documentation supporting lawful\n\npossession as defined in paragraph 3 of subsection H\n\nof this section,\n\nc. claimant or the agent being other than the individual\n\nwho provided the service giving rise to the special\n\nlien, as in paragraph 2 of this subsection,\n\nd. claimant not being in possession of the vehicle,\n\ne. notice of lien not filed in accordance with paragraph\n\n4 of this subsection, or\n\nf. foreclosure notification and proceedings not\ns defined in paragraph 3 of subsection H\n\nof this section,\n\nc. claimant or the agent being other than the individual\n\nwho provided the service giving rise to the special\n\nlien, as in paragraph 2 of this subsection,\n\nd. claimant not being in possession of the vehicle,\n\ne. notice of lien not filed in accordance with paragraph\n\n4 of this subsection, or\n\nf. foreclosure notification and proceedings not\n\naccomplished in accordance with paragraph 6 of this\n\nsection.\n\n4. Any person claiming the special lien provided in paragraph 2\n\nof this subsection shall mail a notice of such lien, no later than\n\nsixty (60) days after the first services are rendered, by regular,\n\nfirst-class United States mail, and by certified mail, return\n\nreceipt requested, to all interested parties who reside at separate\n\nlocations. If services provided are pursuant to a contract\n\nprimarily for the purpose of storage or rental of space, the\n\nbeginning date of the sixty-day period provided in the previous\n\nsentence shall be the first day of the first period or partial\n\nperiod for which rental or storage charges remain unpaid. The\n\nnotice shall be in writing and shall contain, but not be limited to,\n\nthe following:\n\na. a statement that the notice is a Notice of Possessory\n\nLien,\n\nb. the complete legal name, physical and mailing address,\n\nand telephone number of the claimant,\n\nc. the complete legal name, physical and mailing address\n\nof the person who requested that the claimant render\n\nservice to the owner by furnishing material, labor or\n\nskill, storage, or rental space, or the date the\n\nproperty was abandoned if the claimant did not render\n\nany other service,\n\nd. a description of the article of personal property,\n\nincluding a photograph if the property is Section 91\n\nPersonal Property, and the complete physical and\n\nmailing address of the location of the article of\n\npersonal property,\n\ne. an itemized statement describing the date or dates the\n\nlabor or services were performed and material\n\nfurnished, and the charges claimed for each item, the\n\ntotals of which shall equal the total compensation\n\nclaimed,\n\nf. a statement by the claimant that the materials, labor\n\nor skill furnished, or arrangement for storage or\n\nrental of space, was authorized by the owner of the\n\npersonal property and was in fact provided or\n\nperformed, and written proof of authority to perform\n\nthe work, labor or service, or that the property was\n\nabandoned by the owner if the claimant did not render\n\nany other service, and that storage or rental fees\n\nwill accrue as allowed by law, and\n\ng. the signature of the claimant which shall be notarized\n\nand, if applicable, the signature of the claimant’s\n\nattorney. If the claimant is a business, then the\n\nname of the contact person representing the business\n\nmust be shown. In place of an original signature and\n\nnotary seal, a digital or electronic signature or seal\n\nshall be accepted.\n\n5. For services rendered or vehicles abandoned on or after\n\nNovember 1, 2005, storage charges or charges for rental of space,\n\nunless agreed to by contract as part of an overall transaction or\n\narrangement that was primarily for the purpose of storage of the\n\nSection 91 Personal Property or rental of space, may only be\n\nassessed beginning with the day that the Notice of Possessory Lien\n\nis mailed as evidenced by certified mail. Provided, however, in the\n\ncase of contractual charges incurred for storage or rental of space\n\nin an overall transaction primarily for the purpose of storage or\n\nrental, charges subject to the special lien may only be assessed\n\nbeginning with a date not more than sixty (60) days prior to the day\n\nthat the Notice of Possessory Lien is mailed, and shall accrue only\n\nat the regular periodic rate for storage or rental as provided in\n\nthe contract, adjusted for partial periods of storage or rental.\nan overall transaction primarily for the purpose of storage or\n\nrental, charges subject to the special lien may only be assessed\n\nbeginning with a date not more than sixty (60) days prior to the day\n\nthat the Notice of Possessory Lien is mailed, and shall accrue only\n\nat the regular periodic rate for storage or rental as provided in\n\nthe contract, adjusted for partial periods of storage or rental.\n\nThe maximum allowable compensation for storage shall not exceed the\n\nfees established by the Corporation Commission for nonconsensual\n\ntows.\n\n6. The lien may be foreclosed by a sale of such personal\n\nproperty upon the notice and in the manner following: The Notice of\n\nSale shall be in writing and shall contain, but not be limited to:\n\na. a statement that the notice is a Notice of Sale,\n\nb. the names of all interested parties known to the\n\nclaimant,\n\nc. a description of the property to be sold, including a\n\nphotograph if the property is Section 91 Personal\n\nProperty and if the condition of such property has\n\nmaterially changed since the mailing of Notice of\n\nPossessory Lien required pursuant to paragraph 4 of\n\nthis subsection,\n\nd. a notarized statement of the nature of the work, labor\n\nor service performed, material furnished, or storage\n\nor rental of space, and the date thereof, and the name\n\nof the person who authorized the work, labor or\n\nservice performed, or the storage or rental\n\narrangement, and written proof of authority to perform\n\nthe work, labor or service, or that the property was\n\nabandoned if the claimant did not render any other\n\nservice,\n\ne. the date, time, and exact physical location of sale,\n\nf. the name, complete physical address, mailing address,\n\nand telephone number of the party foreclosing such\n\nlien. If the claimant is a business, then the name of\n\nthe contact person representing the business must be\n\nshown. In place of an original signature and notary\n\nseal, a digital or electronic signature or seal shall\n\nbe accepted, and\n\ng. itemized charges which shall equal the total\n\ncompensation claimed.\n\n7. Such Notice of Sale shall be posted in two public places in\n\nthe county where the property is to be sold at least ten (10) days\n\nbefore the time therein specified for such sale, and a copy of the\n\nnotice shall be mailed to all interested parties at their last-known\n\npost office address by regular, first-class United States mail and\n\nby certified mail, return receipt requested, at least ten (10) days\n\nbefore the date of the sale. If the item of personal property is a\n\nmanufactured home, notice shall also be sent by certified mail to\n\nthe county treasurer and to the county assessor of the county where\n\nthe manufactured home is located.\n\n8. Interested parties shall include all owners of the article\n\nof personal property as indicated by the certificate of title issued\n\nby Service Oklahoma or by a federally recognized Indian tribe in the\n\nState of Oklahoma; lien debtors, if any, other than the owners; any\n\nlienholder whose lien is noted on the face of the certificate of\n\ntitle; and any other person having any interest in the article of\n\npersonal property, of whom the claimant has actual notice.\n\n9. Any interested party shall be permitted to inspect and\n\nverify the services rendered by the claimant prior to the sale of\n\nthe article of personal property during normal business hours. The\n\nlienholder shall be allowed to retrieve the Section 91 Personal\n\nProperty without being required to bring the title into the\n\nlienholder’s name, if the lienholder provides proof it is a\n\nlienholder and any payment due the claimant for lawful charges where\n\nthe claimant has complied with the requirements of this section.\n\nUpon the release of personal property to an insurer or\n\nrepresentative of the insurer, wrecker operators shall be exempt\n\nfrom all liability and shall be held harmless for any losses or\n\nclaims of loss.\n\n10. The claimant or any other person may in good faith become a\nnholder and any payment due the claimant for lawful charges where\n\nthe claimant has complied with the requirements of this section.\n\nUpon the release of personal property to an insurer or\n\nrepresentative of the insurer, wrecker operators shall be exempt\n\nfrom all liability and shall be held harmless for any losses or\n\nclaims of loss.\n\n10. The claimant or any other person may in good faith become a\n\npurchaser of the property sold.\n\n11. Proceedings for foreclosure under this act shall be\n\ncommenced no sooner than ten (10) days and no later than thirty (30)\n\ndays after the Notice of Possessory Lien has been mailed as\n\nevidenced by certified mail. The date actually sold shall be within\n\nsixty (60) days from the date of the Notice of Sale as evidenced by\n\ncertified mail.\n\nB. 1. a. Any person who is induced by means of a check or other\n\nform of written order for immediate payment of money\n\nto deliver up possession of an article of personal\n\nproperty on which the person has a special lien\n\ncreated by subsection A of this section, which check\n\nor other written order is dishonored, or is not paid\n\nwhen presented, shall have a lien for the amount\n\nthereof upon the personal property.\n\nb. The person claiming such lien shall, within thirty\n\n(30) days from the date of dishonor of the check or\n\nother written order for payment of money, file in the\n\noffice of the county clerk of the county in which the\n\nproperty is situated a sworn statement that:\n\n(1) the check or other written order for immediate\n\npayment of money, copy thereof being attached,\n\nwas received for labor, material or supplies for\n\nproducing or repairing an article of personal\n\nproperty, or for other specific property-related\n\nservices covered by this section,\n\n(2) the check or other written order was not paid,\n\nand\n\n(3) the uttering of the check or other written order\n\nconstituted the means for inducing the person,\n\none possessed of a special lien created by\n\nsubsection A of this section upon the described\n\narticle of personal property, to deliver up the\n\narticle of personal property.\n\n2. a. Any person who renders service to the owner of an\n\narticle of personal property by furnishing storage,\n\nrental space, material, labor, or skill for the\n\nprotection, improvement, safekeeping, towing, right to\n\noccupy space, storage, or carriage thereof shall have\n\na special lien on such property pursuant to this\n\nsection if such property is removed from the person’s\n\npossession, without such person’s written consent or\n\nwithout payment for such service.\n\nb. The person claiming such lien shall, within five (5)\n\ndays of such nonauthorized removal, file in the office\n\nof the county clerk of the county in which the\n\nproperty is located, a sworn statement including:\n\n(1) that services were rendered on or in relation to\n\nthe article of personal property by the person\n\nclaiming such lien,\n\n(2) that the property was in the possession of the\n\nperson claiming the lien but such property was\n\nremoved without his or her written consent,\n\n(3) an identifying description of the article of\n\npersonal property on which the service was\n\nrendered, and\nrn statement including:\n\n(1) that services were rendered on or in relation to\n\nthe article of personal property by the person\n\nclaiming such lien,\n\n(2) that the property was in the possession of the\n\nperson claiming the lien but such property was\n\nremoved without his or her written consent,\n\n(3) an identifying description of the article of\n\npersonal property on which the service was\n\nrendered, and\n\n(4) that the debt for the services rendered on or in\n\nrelation to the article of personal property was\n\nnot paid. Provided, if the unpaid total amount\n\nof the debt for services rendered on or in\n\nrelation to the article of personal property is\n\nunknown, an approximated amount of the debt due\n\nand owing shall be included in the sworn\n\nstatement but such approximated debt may be\n\namended within thirty (30) days of such filing to\n\nreflect the actual amount of the debt due and\n\nowing.\n\n3. The enforcement of the lien shall be within sixty (60) days\n\nafter filing the lien in the manner provided by law for enforcing\n\nthe lien of a security agreement and provided that the lien shall\n\nnot affect the rights of innocent, intervening purchasers without\n\nnotice.\n\nC. If the person who renders service to the owner of an article\n\nof personal property to which this section applies relinquishes or\n\nloses possession of the article due to circumstances described in\n\nsubparagraph a of paragraph 1 or subparagraph a of paragraph 2 of\n\nsubsection B of this section, the person claiming the lien shall be\n\nentitled to possession of the article until the amount due is paid,\n\nunless the article is possessed by a person who became a bona fide\n\npurchaser. Entitlement to possession shall be in accordance with\n\nthe following:\n\n1. The claimant may take possession of an article pursuant to\n\nthis subsection only if the person obligated under the contract for\n\nservices has signed an acknowledgement of receipt of a notice that\n\nthe article may be subject to repossession. The notice and\n\nacknowledgement pursuant to this subsection shall be:\n\na. in writing and separate from the written contract for\n\nservices, or\n\nb. printed on the written contract for services, credit\n\nagreement or other document which displays the notice\n\nin bold-faced, capitalized and underlined type, or is\n\nseparated from surrounding written material so as to\n\nbe conspicuous with a separate signature line;\n\n2. The claimant may require the person obligated under the\n\ncontract for services to pay the costs of repossession as a\n\ncondition for reclaiming the article only to the extent of the\n\nreasonable fair market value of the services required to take\n\npossession of the article;\n\n3. The claimant shall not transfer to a third party or to a\n\nperson who performs repossession services, a check, money order, or\n\ncredit card transaction that is received as payment for services\n\nwith respect to an article and that is returned to the claimant\n\nbecause of insufficient funds or no funds, because the person\n\nwriting the check, issuing the money order, or credit cardholder has\n\nno account or because the check, money order, or credit card account\n\nhas been closed. A person violating this paragraph shall be guilty\n\nof a misdemeanor; and\n\n4. An article that is repossessed pursuant to this subsection\n\nshall be promptly delivered to the location where the services were\n\nperformed. The article shall remain at the services location at all\n\ntimes until the article is lawfully returned to the record owner or\n\na lienholder or is disposed of pursuant to this section.\n\nD. 1. If a vehicle, all-terrain vehicle, utility vehicle,\n\nmanufactured home, motorcycle, boat, outboard motor, or trailer has\n\na certificate of title issued by Service Oklahoma or by a federally\n\nrecognized Indian tribe in the State of Oklahoma, but there is no\n\nactive lien recorded on the certificate of title, Section 91A of\n\npursuant to this section.\n\nD. 1. If a vehicle, all-terrain vehicle, utility vehicle,\n\nmanufactured home, motorcycle, boat, outboard motor, or trailer has\n\na certificate of title issued by Service Oklahoma or by a federally\n\nrecognized Indian tribe in the State of Oklahoma, but there is no\n\nactive lien recorded on the certificate of title, Section 91A of\n\nthis title will apply instead of this section. Likewise, if there\n\nis an active lien recorded on the certificate of title but the lien\n\nis over fifteen (15) years old and the property is not a\n\nmanufactured home, Section 91A of this title will apply instead of\n\nthis section.\n\n2. If personal property that otherwise would be covered by this\n\nsection has been registered by Service Oklahoma or by a federally\n\nrecognized Indian tribe in the State of Oklahoma, and there is a\n\nlien of record but no certificate of title has been issued, Section\n\n91A of this title will apply instead of this section.\n\n3. If personal property otherwise would be covered by this\n\nsection, but the services were rendered or the property was\n\nabandoned prior to November 1, 2005, Section 91A of this title will\n\napply instead of this section.\n\nE. A person who knowingly makes a false statement of a material\n\nfact regarding the furnishing of storage, rental space, material,\n\nlabor or skill for the protection, improvement, safekeeping, towing,\n\nright to occupy space, storage or carriage thereof in a proceeding\n\nunder this section, or attempts to use or uses the provisions of\n\nthis section to foreclose an owner or lienholder’s interest in a\n\nvehicle knowing that any of the statements made in the proceeding\n\nare false, upon conviction, shall be guilty of a felony.\n\nF. Upon receipt of notice of legal proceedings, Service\n\nOklahoma shall cause the sale process to be put on hold until notice\n\nof resolution of court proceedings is received from the court. If\n\nsuch notice of commencement of court proceedings is not filed with\n\nService Oklahoma, the possessory lien sale process may continue.\n\nG. No possessory lien sale shall be held on a Sunday.\n\nH. For purposes of this section:\n\n1. “Possession” includes actual possession and constructive\n\npossession;\n\n2. “Constructive possession” means possession by a person who,\n\nalthough not in actual possession, does not have an intention to\n\nabandon property, knowingly has both power and the intention at a\n\ngiven time to exercise dominion or control over the property, and\n\nwho holds claim to such thing by virtue of some legal right;\n\n3. “Lawfully in possession” means a person has documentation\n\nfrom the owner or the owner’s authorized agent, or an insurance\n\ncompany or its authorized agent, authorizing the furnishing of\n\nmaterial, labor or storage, or that the property was authorized to\n\nbe towed to a repair facility. If the person lacks such\n\ndocumentation, he or she shall not be lawfully in possession of the\n\nSection 91 Personal Property and shall not be entitled to a special\n\nlien as set forth in this section; and\n\n4. “Itemized charges” means total parts, total labor, total\n\ntowing fees, total storage fees, total processing fees and totals of\n\nany other fee groups, the sum total of which shall equal the\n\ncompensation claimed.\n\nI. For purposes of this section, the United States Postal\n\nService approved electronic equivalent of proof of return receipt\n\nrequested Form 3811 shall satisfy return receipt requested\n\ndocumentation requirements.\n\nJ. If a person claiming a special lien pursuant to this section\n\nfails to comply with any of the requirements of this section, any\n\ninterested party may proceed against the person claiming such lien\n\nfor all damages arising therefrom, including conversion, if the\n\narticle of personal property has been sold. If the notice or\n\nnotices required by this section shall be shown to be knowingly\n\nfalse or fraudulent, the interested party shall be entitled to\ns section\n\nfails to comply with any of the requirements of this section, any\n\ninterested party may proceed against the person claiming such lien\n\nfor all damages arising therefrom, including conversion, if the\n\narticle of personal property has been sold. If the notice or\n\nnotices required by this section shall be shown to be knowingly\n\nfalse or fraudulent, the interested party shall be entitled to\n\ntreble damages. The prevailing party shall be entitled to all\n\ncosts, including reasonable attorney fees.\n\nK. This section shall apply to all actions or proceedings that\n\ncommence on or after the effective date of this act.","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":"745ba9e986912922141bfc6843a19f6e60e6815ce1025bb3c5b6596ccfb092cd","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-42-42-90","next":"us-ok/okla.-stat.-tit.-42-42-91.1"},"notice":"GroundRules: Original legal text. Not legal advice."}