Lien Statement-Private Works

Warning: All information contained within this data base is subject to change at any time by the various states and is not guaranteed in any way by FWM Software. Nor does FWM Software assume any liability or responsibility for its content. Please use at in conjunction with advice from your attorney.

Note: This information is limited in scope and applies only to this document. Please see the general information, all forms memo, and the general information memo for this type of document, for additional information.

Document Title: Lien Statement.

Scope: State of Oklahoma, Private Works.

Liens are limited to the unpaid balance of the contract with the owner.

Time Constraints: You must have served a Preliminary Notice on all required parties in some cases before you can establish lien rights in the State of Oklahoma. Failure to do so may negate your lien rights. See the State of Oklahoma memo on Notice to Owner, Private Work, for more information.

When you file your lien depends on your relationship to the owner. If you contracted directly with the owner, you must record your Lien Statement the county recorder's office, within 120 days, inclusive, of your last furnishing of labor, materials, equipment or services. Otherwise, you must file within 90 days of your last furnishing.

If you furnished rental or leased equipment to the job, you may not file a lien until 60 days after you served the Preliminary Notice.

A Oklahoma lien must also include a legal description of the property. This information may be attached to the lien document, or preferably added for direct printing on the second entry page (Property Description) of the Lien Writer(®) input screen.

Within one day of filing your claim, serve copies of all lien claims by personal service or certified mail (in the latter case, just make sure it is mailed within one day of filing your lien).

Some restrictions may apply. If only services are being claimed, they must be on going and not remedial in nature.

Cash Deposit or Lien Bond: The party against whom the lien is filed may have a right to make a cash deposit or obtain a Lien Bond for the amount of the lien + 25%. A Lien Bond becomes effective if there are no objections filed by you within 10 days.

Perfection: File suit to perfect your lien claim within one year of filing your Lien Statement. If a cash depositor Lien Bond is made, you must proceed against the cash deposit or Lien Bond instead of the property.

Payment Bond: Where a Payment Bond has been provided by a surety, after you have filed your Mechanic's Lien file suit against the sureties within the time frames required by the bond.

The usual remedy is to file to enforce all claims in one suit (see below, Procedures). In any case, we strongly recommend that your attorney handle the enforcement actions to perfect your lien claims.

Information Requirements: Program information and information for Exhibits A-D, any additional costs as to legal fees, court costs and interest charges (do not pass these up. Estimate if necessary. Also obtain a legal description of the property. In the case of Bond Claims, the lenders or sureties will reserve only the amount for which you make claim), and the county of the state where the recording will be made.

Form Types: Lien Statement, Exhibit's A-D, if needed, Notice of Filing Lien, and Recorder's Letter.

Procedures: Prepare your documents using the required information. File your Lien Statement and serve with a Notice of Filing Lien upon the owners (a copy for the general contractor and your customer is optional). At this point you are ready to file suit to enforce all of your claims in one action.

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