Oklahoma Sub Lien Residential Form
Download your Sub Lien Residential Form | Free Downloadable Template
Get help filing your Oklahoma Mechanics Lien
Those who perform work on an Oklahoma construction project and are unpaid may be entitled to file a Lien Statement (“mechanics lien”). This template is for residential projects in Oklahoma. (If your are looking to file a lien on a non-residential job, check out the Oklahoma Sub Lien Non-Residential Form).
Fill out the form on the right to download your Oklahoma Sub Lien Residential Form. Use this form to file a lien in Oklahoma.
Rules and regulations for sending a Oklahoma Mechanics Lien
Those who contract with the property owner must file their Lien Statement within 4 months from last furnishing labor or materials to the project. This marks the end of the 4 month period from the last furnishing of labor or materials to this project.
After completing the Oklahoma Sub Lien Residential Form, you must deliver it to the appropriate parties required by statute. Notices are typically served on the property owner and, for sub-tier parties, the general contractor. However, depending on the type of notice, it can be helpful to send notices to anyone else who is in charge of your payment, like a lender or surety company on the project.
Others are asking about Oklahoma Mechanics Lien
Can my sub sue me even though builder did not pay me for their work?
The quick answer is that if you are getting sued or threatned to be sued, it's always best practice to enlist the help of a lawyer. While a letter from an attorney demanding payment isn't the same as a lawsuit being filed, it's part of the progression heading in that direction. Getting the help of a local attorney who can look at your specific situation, documents, and evidence supporting the work and dispute at issue can go a long way towards getting you set going down the right path.
Whether or not a lawsuit, or a mechanics lien is appropriate is a different question. Generally, parties in Oklahoma who provided labor or materials for the “erection, alteration, or repair of an improvement” are entitled to a mechanics lien if they are not paid for such work. A dispute over workmanship or certain back-charges generally doesn't impair the ability or right to file a mechaincs lien, but may be relevant to the amount the lien secures.
In most cases, failure to receive payment from higher up on the chain doesn't completely excuse the nonpayment of parteis below. Pay-if-pay clauses may potentiall be enforced in Oklahoma if they are explicit in the contract, but otherwise, the prompt payment requirements likely control in the absence of other specific contractual language otherwise.
Do I have the right to file an Mechanic's Lien?
I DIDN'T a right not I did have a right.
Enforcement
After an Oklahoma mechanics lien has been filed, a notice of the lien is required to be sent to the property owner. The county clerk is usually responsible for this, but sending one on your own (or having Levelset handle it) is the best way to ensure service.
If the owner can't be found, Okla. Stat. tit. 42, §143.1(2) provides an alternative. If the owner can't be found after due diligence, then an affidavit setting forth setting forth such facts can be filed in the office where the claim was filed within 60 days of the date the lien was recorded. Afterwards, the notice can be sent to the occupant of the property (by certified mail, return receipt requested) or, if there is no occupant, then it can be posted in a conspicuous place on the property. That will fulfill the notice requirements.
For more on this see: How to File an Oklahoma Mechanics Lien
View more Mechanics Lien Oklahoma questions
Ask a construction lawyer about a Oklahoma Mechanics Lien
Other forms to use in Oklahoma
Oklahoma County Recorders
Looking to file/record a mechanics lien in Oklahoma? You'll need to get your Oklahoma mechanics lien filed and recorded with the county recorder in the county where the construction project is located. Here is a listing of all county recorders in Oklahoma. Click on any county to find more information about how to get your lien recorded in that county.
Atoka
200 East Court Street Suite 203 W.
Atoka, Oklahoma, 74525
phone: 580-889-5157
fax:
Carter
101 1st Ave SW
Ardmore, Oklahoma, 73401
phone: (580) 223-8162
fax:
Cherokee
213 West Delaware, Room 200
Tahlequah, Oklahoma, 74464
phone: 918.456.3171
fax:
Comanche
315 SW 5th St #304
Lawton, Oklahoma, 73501
phone: (580) 355-5214
fax:
Garfield
114 West Broadway Rm 105
Enid, Oklahoma, 73701
phone: 580-237-0226
fax:
Garvin
201 W Grant Ave
Pauls Valley, Oklahoma, 73075
phone: (405) 238-2772
fax:
Hughes
200 N Broadway St, Suite 5
Holdenville, Oklahoma, 74848
phone: (405) 379-5487
fax:
Jackson
101 N Main St # 203
Altus, Oklahoma, 73521
phone: 580-482-4070
fax:
Johnston
207 East Johnston St
Smithfield, Oklahoma, 27577
phone: 9192095400
fax:
Kingfisher
101 S Main St #3
Kingfisher, Oklahoma, 73750
phone: (405) 375-3887
fax:
McClain
121 N 2nd Ave #231
Purcell, Oklahoma, 73080
phone: (405) 527-3360
fax:
McCurtain
108 N Central Ave
Idabel, Oklahoma, 74745
phone: (580) 286-2370
fax:
McIntosh
110 N 1st St
Eufaula, Oklahoma, 74432
phone: (918) 689-2741
fax:
Muskogee
400 West Broadway Street
Muskogee, Oklahoma, 74401
phone: N/A
fax:
Oklahoma
320 Robert S. Kerr, Room 203
Oklahoma City, Oklahoma, 73102
phone: 405-713-7184
fax:
Okmulgee
314 W 7th St #203
Okmulgee, Oklahoma, 74447
phone: (918) 756-0788
fax:
Payne
315 West 6th Ave #202
Stillwater,, Oklahoma, 74074
phone: 405-747-8310
fax:
Pontotoc
301 S Broadway St
Ada, Oklahoma, 74820
phone: 580 332 1425
fax:
Pottawatomie
325 North Broadway
Shawnee, Oklahoma, 74802
phone: 405-273-8222
fax:
Seminole
110 S Wewoka Ave
Wewoka, Oklahoma, 74884
phone: (405) 257-2501
fax:
Stephens
Courthouse - 101 South 11th St, Rm 203
Duncan, Oklahoma, 73533
phone: (580) 255-0977
fax:
Wagoner
307 E Cherokee St
Wagoner, Oklahoma, 74467
phone: 918-485-2216
fax:
Washington
400 S Johnstone, Room 100
Bartlesville, Oklahoma, 74003
phone: (918) 337-2834
fax:
Woodward
1600 Main Street
Woodward, Oklahoma, 73801
phone: 580-256-3625
fax: