{"data":{"id":"us-ok/okla.-stat.-tit.-42-42-91a","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 42, § 42-91A","heading":"Lien on certain personal property for service thereon -","body":"Certificate of title - Foreclosure - Notice - Purchaser - Unpaid\n\nchecks – Repossession.\n\nA. 1. a. This section applies to all types of personal property\n\nother than:\n\n(1) farm equipment as defined in Section 91.2 of this\n\ntitle, and\n\n(2) “Section 91 Personal Property” as defined in\n\nSection 91 of this title.\n\nb. This section applies to any vehicle, all-terrain\n\nvehicle, utility vehicle, manufactured home,\n\nmotorcycle, boat, outboard motor, or trailer that is\n\nexcluded from coverage under subsection A of Section\n\n91 of this title because the personal property:\n\n(1) does not have a certificate of title,\n\n(2) has a certificate of title but does not have an\n\nactive lien recorded on the certificate of title,\n\n(3) has a certificate of title that is not issued by\n\nService Oklahoma or by a federally recognized\n\nIndian tribe in the State of Oklahoma, or\n\n(4) is otherwise excluded by subparagraph b of\n\nparagraph 1 of subsection A of Section 91 of this\n\ntitle or subsection D of Section 91 of this\n\ntitle.\n\nc. If personal property has a certificate of title, or\n\nwould be required to have a certificate of title under\n\nOklahoma law, and is apparently covered both by this\n\nsection and by Sections 191 through 200 of this title,\n\nthe procedures set out in this section shall apply\n\ninstead of Sections 191 through 200 of this title. If\n\npersonal property without a certificate of title and\n\nnot required to be titled under Oklahoma law is\n\ncovered both by this section and Sections 191 through\n\n200 of this title, the procedures set out in Sections\n\n191 through 200 of this title shall apply instead of\n\nthis section.\n\n2. a. Any person who, while lawfully in possession of an\n\narticle of personal property to which this section\n\napplies, renders any service to the owner thereof by\n\nfurnishing storage, rental space, material, labor or\n\nskill for the protection, improvement, safekeeping,\n\ntowing, right to occupy space, storage or carriage\n\nthereof, has a special lien thereon, dependent on\n\npossession, for the compensation, if any, which is due\n\nto such person from the owner for such service.\n\nCharges owed under a contract primarily for the\n\npurpose of storage or rental of space shall be accrued\n\nonly at the regular periodic rate for storage or\n\nrental as provided in the contract, adjusted for\n\npartial periods of storage or rental.\n\nb. Except for Class AA licensed wrecker towing charges,\n\nthe special lien shall be subordinate to any perfected\n\nsecurity interest unless the claimant complies with\n\nthe requirements of this section. Failure to comply\n\nwith any requirements of this section shall result in\n\ndenial of any title application and cause the special\n\nlien to be subordinate to any perfected lien. Upon\n\nsuch denial, the applicant shall be entitled to one\n\nresubmission of the title application within thirty\n\n(30) business days of receipt of the denial, and\n\nproceed to comply with the requirements of this\n\nsection. In the event of a denial, the Notice of\n\nPossessory Lien and the Notice of Sale may be mailed\n\non the same day in separate envelopes and storage\n\ncharges shall only be charged from the date of\n\nresubmission; however, before a Notice of Sale is to\n\nbe mailed, the personal property must have been\n\npossessed by the possessory lien claimant for at least\n\ntwenty-one (21) days. Furthermore, if the denial was\n\ndue to error by the party submitting the title\n\napplication, then no additional fee for the\n\nresubmission shall be charged to the property owner.\n\n“Failure to comply” includes, but is not limited to:\n\n(1) failure to timely provide additional\n\ndocumentation supporting or verifying any entry\n\non submitted forms as requested by Service\n\nOklahoma,\n\n(2) failure to provide the documentation supporting\n\nlawful possession as outlined in paragraph 3 of\n\nsubsection H of this section,\nl fee for the\n\nresubmission shall be charged to the property owner.\n\n“Failure to comply” includes, but is not limited to:\n\n(1) failure to timely provide additional\n\ndocumentation supporting or verifying any entry\n\non submitted forms as requested by Service\n\nOklahoma,\n\n(2) failure to provide the documentation supporting\n\nlawful possession as outlined in paragraph 3 of\n\nsubsection H of this section,\n\n(3) claimant being other than the individual who\n\nprovided the service giving rise to the special\n\nlien, as in subparagraph a of this paragraph,\n\n(4) claimant not being in possession of the vehicle,\n\nor\n\n(5) notification and proceedings not accomplished in\n\naccordance with subparagraph c of this paragraph,\n\nand paragraph 3 of this subsection.\n\nc. Any person claiming a lien under this section shall\n\nrequest, within five (5) business days of performing\n\nany service or work on the property, Service Oklahoma\n\nor other appropriate license agency to furnish the\n\nname and address of the current owner of and any\n\nlienholder upon the property. Service Oklahoma or an\n\nappropriate license agency shall respond in person or\n\nby mail to the lien claimant within ten (10) business\n\ndays of the receipt of the request for information.\n\nService Oklahoma shall render assistance to ascertain\n\nownership, if needed. The lien claimant shall send,\n\nwithin seven (7) business days of receipt of the\n\nrequested information from Service Oklahoma or other\n\nlicense agency, a notice of the location of the\n\nproperty by certified mail with return receipt\n\nrequested, postage prepaid, to the owner and any\n\nlienholder of the vehicle at the addresses furnished.\n\nThe lien claimant may charge not more than Fifty\n\nDollars ($50.00) for processing plus the cost of\n\npostage if the notice is timely sent pursuant to the\n\nrequirements of this subparagraph in addition to fees\n\nregulated by the Corporation Commission for licensed\n\nwreckers. If the lien claimant is unable to meet the\n\ntime requirements due to a lack of or an altered\n\nvehicle identification number on the property, the\n\nlien claimant shall proceed diligently to obtain the\n\nproper vehicle identification number and shall meet\n\nthe time requirements on the notice once the vehicle\n\nidentification number is known. If the lien claimant\n\nis required to send additional notices because of\n\nchange of ownership or lienholder after it has timely\n\ncomplied with the requirements of this subparagraph,\n\nthe lien claimant shall remain in compliance if such\n\nadditional notices are sent within the required time\n\nperiods from the date of discovery of the new owners\n\nor lienholders. The notice shall be in writing and\n\nshall contain, but not be limited to, the following:\n\n(1) a statement that the notice is a Notice of\n\nPossessory Lien,\n\n(2) the complete legal name, physical and mailing\n\naddress, and telephone number of the claimant,\n\n(3) the complete legal name, physical and mailing\n\naddress of the person who requested that the\n\nclaimant render service to the owner by\n\nfurnishing material, labor or skill, storage, or\n\nrental space, or the date the property was\n\nabandoned if the claimant did not render any\n\nother service,\n\n(4) a description of the article of personal\n\nproperty, and the complete physical and mailing\n\naddress of the location of the article of\n\npersonal property,\n\n(5) the nature of the work, labor or service\n\nperformed, material furnished, or the storage or\n\nrental arrangement, and the date thereof, and\n\nwritten proof of authority to perform the work,\n\nlabor or service provided that, in the case of a\n\nlaw enforcement directed tow, the logbook entry\n\nprescribed in OAC 595:25-5-5 or the tow ticket as\n\ndefined by the Corporation Commission shall serve\n\nas written proof of authority,\nork, labor or service\n\nperformed, material furnished, or the storage or\n\nrental arrangement, and the date thereof, and\n\nwritten proof of authority to perform the work,\n\nlabor or service provided that, in the case of a\n\nlaw enforcement directed tow, the logbook entry\n\nprescribed in OAC 595:25-5-5 or the tow ticket as\n\ndefined by the Corporation Commission shall serve\n\nas written proof of authority,\n\n(6) the signature of the claimant which shall be\n\nnotarized and, if applicable, the signature of\n\nthe claimant’s attorney. If the claimant is a\n\nbusiness, the name of the contact person\n\nrepresenting the business shall be shown. In\n\nplace of an original signature and notary seal, a\n\ndigital or electronic signature or seal shall be\n\naccepted, and\n\n(7) an itemized statement describing the date or\n\ndates the labor or services were performed and\n\nmaterial furnished and the charges claimed for\n\neach item, the totals of which shall equal the\n\ntotal compensation claimed.\n\nThe lien claimant shall not be required to send the\n\nnotice required in this subparagraph if the property\n\nis released to an interested party before the notice\n\nis mailed and no additional charges or fees continue\n\nto accrue. If a law enforcement agency has the\n\nproperty towed to a law enforcement facility, the\n\nperson claiming a lien under this section shall not be\n\nrequired to send notice until the property is released\n\nby law enforcement to the claimant or the date which\n\nclaimant starts charging storage, whichever is\n\nearlier. A lien claimant shall have an extension of\n\nten (10) business days to send the notice required in\n\nthis subparagraph if a state of emergency has been\n\ndeclared in the county in which the property is\n\nlocated.\n\nd. Subparagraphs b and c of this paragraph shall not\n\napply to salvage pools as defined in Section 591.2 of\n\nTitle 47 of the Oklahoma Statutes.\n\n3. The lien may be foreclosed by a sale of such personal\n\nproperty upon the notice and in the manner following: The notice\n\nshall be in writing and shall contain, but not be limited to:\n\na. the names of the owner and any other known party or\n\nparties who may claim any interest in the property,\n\nb. a description of the property to be sold, including a\n\nvisual inspection or a photograph if the property is a\n\nmotor vehicle, and the physical location of the\n\nproperty,\n\nc. the nature of the work, labor or service performed,\n\nmaterial furnished, or the storage or rental\n\narrangement, and the date thereof, and written proof\n\nof authority to perform the work, labor or service\n\nprovided. In the case of a law enforcement directed\n\ntow, the logbook entry prescribed in OAC 595:25-5-5 or\n\nthe tow ticket as defined by the Corporation\n\nCommission, shall serve as written proof of authority,\n\nd. the time and place of sale,\n\ne. the name, telephone number, physical address and\n\nmailing address of the claimant, and agent or\n\nattorney, if any, foreclosing such lien. If the\n\nclaimant is a business, then the name of the contact\n\nperson representing the business must be shown. In\n\nplace of an original signature and notary seal, a\n\ndigital or electronic signature or seal shall be\n\naccepted, and\n\nf. itemized charges which shall equal the total\n\ncompensation claimed.\n\n4. a. Such Notice of Sale shall be posted in two public\n\nplaces in the county where the property is to be sold\n\nat least ten (10) days before the time therein\n\nspecified for such sale, and a copy of the notice\n\nshall be mailed to the owner and any other party\n\nclaiming any interest in the property, if known, at\n\ntheir last-known post office address, by certified\n\nmail, return receipt requested, at least ten (10) days\n\nbefore the time therein specified for such sale. If\n\nthe item of personal property is a manufactured home,\n\nnotice shall also be sent by certified mail to the\n\ncounty treasurer and to the county assessor of the\n\ncounty where the manufactured home is located.\nst in the property, if known, at\n\ntheir last-known post office address, by certified\n\nmail, return receipt requested, at least ten (10) days\n\nbefore the time therein specified for such sale. If\n\nthe item of personal property is a manufactured home,\n\nnotice shall also be sent by certified mail to the\n\ncounty treasurer and to the county assessor of the\n\ncounty where the manufactured home is located.\n\nb. In the case of any item of personal property without a\n\ncertificate of title and not required to be titled\n\nunder Oklahoma law, a party who claims any interest in\n\nthe property shall include all owners of the property;\n\nany secured party who has an active financing\n\nstatement on file with the county clerk of Oklahoma\n\nCounty listing one or more owners of the property by\n\nlegal name as debtors and indicating a collateral\n\ndescription that would include the property; and any\n\nother person having any interest in the personal\n\nproperty, of whom the claimant has actual notice.\n\nc. In the case of personal property subject to this\n\nsection for which a certificate of title has been\n\nissued by any jurisdiction, a party who claims any\n\ninterest in the property shall include all owners of\n\nthe article of personal property as indicated by the\n\ncertificate of title; lien debtors, if any, other than\n\nthe owners; any lienholder whose lien is noted on the\n\nface of the certificate of title; and any other person\n\nhaving any interest in the article of personal\n\nproperty, of whom the claimant has actual notice.\n\nd. When the jurisdiction of titling for a vehicle, all-\n\nterrain vehicle, motorcycle, boat, outboard motor, or\n\ntrailer that is five (5) model years old or newer, or\n\na manufactured home that is fifteen (15) model years\n\nold or newer, cannot be determined by ordinary means,\n\nthe claimant, the agent of the claimant, or the\n\nattorney of the claimant, shall request, in writing,\n\nthat Service Oklahoma ascertain the jurisdiction where\n\nthe vehicle or manufactured home is titled. Service\n\nOklahoma shall, within fourteen (14) days from the\n\ndate the request is received, provide information as\n\nto the jurisdiction where the personal property is\n\ntitled. If Service Oklahoma is unable to provide the\n\ninformation, it shall provide notice that the record\n\nis not available.\n\ne. When personal property is of a type that Oklahoma law\n\nrequires to be titled, the owner of record of that\n\nproperty is unknown, and the jurisdiction of titling\n\nand owner of record cannot be determined by ordinary\n\nmeans and also, if applicable, cannot be determined in\n\naccordance with the preceding subparagraph, then the\n\nspecial lien may be foreclosed by publication of a\n\nlegal notice in a legal newspaper in the county where\n\nthe personal property is located, as defined in\n\nSection 106 of Title 25 of the Oklahoma Statutes.\n\nSuch notice shall include the description of the\n\nproperty by year, make, vehicle identification number\n\nif available from the property, the name of the\n\nindividual who may be contacted for information, and\n\nthe telephone number of that person or the address\n\nwhere the vehicle is located. The legal notice shall\n\nbe published once per week for three (3) consecutive\n\nweeks. As soon as circumstances exist as described in\n\nthe first sentence of this subparagraph, the first\n\ndate of publication may occur even if the special lien\n\nhas not accrued for over thirty (30) days. The first\n\ndate available for public sale of the vehicle is the\n\nday following publication of the final notice, but no\n\nfewer than thirty (30) days after the lien has\n\naccrued. When the owner of record is unknown, the\n\nNotice of Sale nevertheless must be completed and\n\nmailed to any known interested party by certified\n\nmail. For purposes of this paragraph, interested\n\nparties shall include all persons described in\n\nsubparagraph b or subparagraph c of this paragraph,\nno\n\nfewer than thirty (30) days after the lien has\n\naccrued. When the owner of record is unknown, the\n\nNotice of Sale nevertheless must be completed and\n\nmailed to any known interested party by certified\n\nmail. For purposes of this paragraph, interested\n\nparties shall include all persons described in\n\nsubparagraph b or subparagraph c of this paragraph,\n\nwhichever is applicable, with the exception of any\n\nowner who is unknown. Except in circumstances\n\ndescribed in paragraph 7 of this subsection that\n\nprovide for a shorter time period, the Notice of Sale\n\nshall be posted in two public places in the county\n\nwhere the property is to be sold at least ten (10)\n\ndays before the time therein specified for such sale,\n\nand the Notice of Sale shall not be mailed until at\n\nleast thirty (30) days after the lien has accrued.\n\n5. The lienor or any other person may in good faith become a\n\npurchaser of the property sold.\n\n6. Proceedings for foreclosure under this act shall commence in\n\ntwenty (20) days after the lien has accrued, except as provided\n\nelsewhere in Oklahoma law.\n\n7. Notwithstanding any other provision of law, proceedings for\n\nforeclosures for the storage of junk vehicles towed and stored\n\npursuant to Section 955 of Title 47 of the Oklahoma Statutes by\n\nClass AA wreckers listed with the Motor Vehicle Division of the\n\nDepartment of Public Safety, may be commenced five (5) days after\n\nthe lien has accrued. For purposes of this paragraph, “junk\n\nvehicles” means any vehicle that is more than ten (10) years old if\n\nthe cost of a comparable vehicle would be less than Three Hundred\n\nDollars ($300.00) as quoted in the latest edition of the National\n\nAutomobile Dealers Association Official Used Car Guide or latest\n\nmonthly edition of any other nationally recognized published\n\nguidebook, adjusting to the condition of the vehicle.\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:\necial 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 or in relation to which the\n\nservice was rendered, 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 acknowledgment of receipt of a notice that\n\nthe article may be subject to repossession. The notice and\n\nacknowledgment 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.\nA 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. This section applies if a vehicle, all-terrain 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 Oklahoma, but there is no active lien\n\nrecorded on the certificate of title.\n\n2. This section applies if a vehicle, all-terrain vehicle,\n\nutility vehicle, motorcycle, boat, outboard motor or trailer has a\n\ncertificate of title issued by Service Oklahoma or by a federally\n\nrecognized Indian tribe in Oklahoma, and there is an active lien\n\nrecorded on the certificate of title, but the lien is over fifteen\n\n(15) years old.\n\n3. This section applies if personal property to which Section\n\n91 of this title otherwise would apply has been registered by\n\nService Oklahoma or by a federally recognized Indian tribe in the\n\nState of Oklahoma, and there is a lien of record but no certificate\n\nof title has been issued.\n\n4. This section applies if personal property to which Section\n\n91 of this title otherwise would apply has not been registered by\n\neither Service Oklahoma or a federally recognized Indian tribe in\n\nthe State of Oklahoma, and no certificate of title has been issued,\n\nbut there is a lien of record.\n\n5. This section applies to personal property that otherwise\n\nwould be covered by Section 91 of this title, except that the\n\nservices were rendered or the property was abandoned prior to\n\nNovember 1, 2005.\n\n6. This section applies to a vehicle, all-terrain vehicle,\n\nutility vehicle, manufactured home, motorcycle, boat, outboard\n\nmotor, or trailer for which ownership cannot be determined by\n\nordinary means or by Service Oklahoma Motor Vehicle Division, as\n\nprovided in subparagraphs d and e of paragraph 4 of subsection A of\n\nthis section, as applicable.\n\n7. This section applies to items of personal property that are\n\nnot required by Oklahoma law to be titled, and that do not have a\n\ncertificate of title.\n\n8. This section applies to salvage pools as defined in Section\n\n591.2 of Title 47 of the Oklahoma Statutes.\n\n9. This section applies to class AA licensed wrecker services\n\ntaking possession of a vehicle pursuant to an agreement with, or at\n\nthe direction of, or dispatched by a state or local law enforcement\n\nor government agency, or pursuant to the abandoned vehicle removal\n\nprovisions of Section 954A of Title 47 of the Oklahoma Statutes with\n\nrespect to all types of personal property, regardless of whether\n\nthat personal property has a certificate of title.\n\n10. For a vehicle abandoned at a salvage pool, if the cost of\n\nrepairing the vehicle for safe operation on the highway does not\n\nexceed sixty percent (60%) of the fair market value of the vehicle\n\nas defined in Section 1111 of Title 47 of the Oklahoma Statutes, a\n\nsalvage title shall not be required.\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\nin 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.\n\nClass AA wrecker services taking possession of a vehicle\n\npursuant to an agreement with, or at the direction of, or dispatched\n\nby, a state or local law enforcement or government agency, or\n\npursuant to the abandoned vehicle removal provisions of Section 954A\n\nof Title 47 of the Oklahoma Statutes, shall be considered lawfully\n\nin possession of the vehicle. If the person lacks such\n\ndocumentation, the procedures established by this section shall not\n\napply; 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\n\ntreble damages. The prevailing party shall be entitled to all\n\ncosts, including reasonable attorney fees.\n\nK. Any interested party shall be permitted to visually inspect\n\nand verify the services rendered by the claimant prior to the sale\n\nof the article of property during normal business hours. If the\n\nclaimant fails to allow any interested party to inspect the\n\nproperty, the interested party shall mail a request for inspection\n\nby certified mail, return receipt requested, to the claimant.\n\nWithin three (3) business days of receipt of the request for\n\ninspection, the claimant shall mail a photograph of the property, by\n\ncertified mail, return receipt requested, and a date of inspection\n\nwithin five (5) business days from the date of the notice to\n\ninspect. The lienholder shall be allowed to retrieve the property\n\nwithout being required to bring the title into the lienholder’s\n\nname, if the lienholder provides proof it is a lienholder and any\n\npayment due the claimant for lawful charges where the claimant has\n\ncomplied with this section. Upon the release of personal property\n\nto an insurer or representative of the insurer, wrecker operators\ninspect. The lienholder shall be allowed to retrieve the property\n\nwithout being required to bring the title into the lienholder’s\n\nname, if the lienholder provides proof it is a lienholder and any\n\npayment due the claimant for lawful charges where the claimant has\n\ncomplied with this section. Upon the release of personal property\n\nto an insurer or representative of the insurer, wrecker operators\n\nshall be exempt from all liability and shall be held harmless for\n\nany losses or claims of loss. In the event any law enforcement\n\nagency places a hold on the property, the party wanting to inspect\n\nor photograph the property shall obtain permission from the law\n\nenforcement agency that placed the hold on the property before\n\ninspecting or photographing.\n\nL. This section shall apply to all actions or proceedings that\n\ncommence on or after August 22, 2014.","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":"6b1b6ab39a9b8a2d900dc5532c9624c045a5dd26a671e315861fcc7f8cf3f074","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-42-42-91.2","next":"us-ok/okla.-stat.-tit.-42-42-92"},"notice":"GroundRules: Original legal text. Not legal advice."}