Oklahoma § 4-201.10 - Lien expiration - Commencement of action

§ 4-201.10. Lien expiration - Commencement of action

A. An owner’s lien shall expire one (1) year after the last day

of the month following the date the sales price from the sale of

livestock subject to such lien are required by law or contract to be

Oklahoma Statutes - Title 4. Animals

paid to such livestock owner but only as to the particular livestock

sold during such month, unless an action to enforce the owner’s lien

is commenced within such time in a court of competent jurisdiction.

B. If a sales agent advances the sales price for livestock to

the livestock owner before the first purchaser pays the sales prices

to the livestock owner or sales agent, the sales agent shall assume

and be entitled to enforce all rights of the livestock owner under

this act as to such livestock or proceeds thereof.

C. In addition to any other court of competent jurisdiction, an

action to enforce the owner’s lien may be commenced in the district

court of the county where the agreement to sell was entered, where

the sales price was to be paid, where the unpaid for livestock are

located, or wherever the proceeds may be found. Provided, however,

the commencement of any proceeding by or against any person claiming

an interest in any property subject to the owner’s lien seeking to

adjudicate such person as bankrupt or insolvent, or seeking

liquidation, winding up, reorganization, arrangement, adjustment,

protection, relief, or composition of such person or such person’s

debts under any law relating to bankruptcy, insolvency or

reorganization or relief of debtors, or seeking the entry of an

order for relief or the appointment of a receiver, trustee or other

similar official for such person or for any substantial part of such

person’s property shall toll the foregoing one (1) year period in

which to commence an action to enforce the owner’s lien for an

additional period of ninety (90) days from the earlier of:

1. The final conclusion or dismissal of such proceedings; or

2. The date final relief is obtained from the applicable

tribunal authorizing the commencement of such action.

D. The prevailing party in any action to enforce the provisions

of this act shall be entitled to recover reasonable attorney fees

and costs in any legal proceeding.

E. Nothing in this act shall be construed to impair or affect

the right of any livestock owner or sales agent to maintain a

personal action to recover the debt against any person liable for

payment of the sales price or to exercise any other rights and

remedies available at law or in equity.

Added by Laws 2011, c. 123, § 11, eff. Nov. 1, 2011.