Oklahoma § 42-91.2 - Liens on farm equipment

§ 42-91.2. Liens on farm equipment

A. Any person who, at or with the owner’s request or consent,

performs work, or makes repairs or improvements on any farm

equipment has a first and prior lien, subject to the restrictions

Oklahoma Statutes - Title 42. Liens

set forth in subsections B and C of this section, on such equipment

for the total value of the services performed, including the

reasonable value of all material used in the performance of such

services and the reasonable value of all equipment replaced, added

or installed.

B. If the lien claimant is in possession of the farm equipment

for the purpose of having the work, repairs or improvements made, or

the equipment replaced, added or installed thereon, the lien shall

be first and prior and valid as long as the lien claimant retains

possession of the equipment. The lien claimant shall retain the

lien after releasing the equipment by filing within ninety (90) days

thereafter a statement, under oath, of the items of the account, a

description of the equipment on which the lien is claimed and the

legal name of the owner of the equipment, with the county clerk in

the county in this state where the owner resides, or if the owner

does not reside in this state, then with the county clerk in the

county where the equipment is located. Provided, once the lien

claimant has released possession of the equipment, the lien

established by this section shall be subordinate to any prior lien

or security interest of record.

C. If the lien claimant was never in possession of the farm

equipment, the lien claimant shall retain the lien by filing with

the county clerk in the county where the owner resides, or if the

owner does not reside in this state, then with the county clerk in

the county where the equipment is located, within ninety (90) days

after the date work was last performed, material was last furnished

in performing such work or making such repairs or improvements,

equipment was last replaced, added or installed or the farm

equipment was last towed or stored, a statement, under oath, of the

items of the account, a description of the equipment on which the

lien is claimed, the legal name of the owner of the equipment and

the date upon which work was last performed, material was last

furnished in performing such work or making such repairs or

improvements, equipment was last replaced, added or installed, or

the equipment was last towed or stored. Provided, if the lien

claimant was never in possession of the equipment, the lien

established by this section shall be subordinate to any prior lien

or security interest.

D. For purposes of this section, “farm equipment” means

equipment, as defined in paragraph (33) of subsection (a) of Section

1-9-102 of Title 12A of the Oklahoma Statutes, that is primarily

used in connection with a farming operation, as defined in paragraph

(35) of subsection (a) of Section 1-9-102 of Title 12A of the

Oklahoma Statutes.

Added by Laws 2005, c. 213, § 1, eff. Nov. 1, 2005.

Oklahoma Statutes - Title 42. Liens