Oklahoma § 42-177 - Suit by owner to determine lien and cancellation of lien

§ 42-177. Suit by owner to determine lien and cancellation of lien

on docket.

If any lien shall be filed under the provisions of this chapter,

and no action to foreclose such lien shall have been commenced, the

owner of the land may file his petition in the district court of the

county in which said land is situated, making said lien claimants

defendants therein, and praying for an adjudication of said lien so

claimed, and if such lien claimant shall fail to establish his lien,

the court may tax against said claimant the whole, or such portion

of the costs of such action as may be just. Provided, that if no

action to foreclose or adjudicate any lien filed under the

provisions of this chapter shall be instituted within one (1) year

from the filing of said lien, the lien is canceled by limitation of

law. If a lien is canceled by limitation of law, the owner of the

land may file an affidavit attesting to the cancellation with the

county clerk of the county in which the land is located. Upon

receipt of the affidavit, the county clerk shall attach the

affidavit to the original lien document in the lien docket file and

enter a notation of the filing in the mechanics' lien journal. The

affidavit shall be on a form prescribed by the Office of the

Administrative Director of the Courts.

R.L. 1910, § 3878. Amended by Laws 1977, c. 207, § 15, eff. Oct. 1,

1977; Laws 1995, c. 338, § 21, eff. Nov. 1, 1995.