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Mechanics lien

I have filed a lien against a client. Is there a time period when it is void? How long do I have to file a lien against a client who is not paying? Is it effective only when an owner sells property? This client is currently renting space and had us install electrical for a grow facility. Thank you, Tommy

1 reply

Aug 12, 2020

There's a lot to unpack here. So we'll take the Oklahoma mechanics lien process step by step.

Preliminary notice requirements

A preliminary notice (or prelien) will be required under certain circumstances. A claimant will need to send a notice to the owner and the general contractor if:

The property is an owner-occupied dwelling; or
The claim is greater than $10,000 on a non-residential project.

If required, then the notice must be sent no later than 75 days after the last date of furnishing labor or materials to the project. Failure to send this notice when required is fatal to your lien rights.

Filing an OK mechanics lien

The deadline to file a mechanics lien in Oklahoma can change depending on your role on the project. If you were hired directly by the property owner, then the deadline to file is 4 months from the last day of furnishing labor or materials to the project. However, all other claimants must file their lien within 90 days from the last date of furnishing.

Enforcement of a claim

Lastly, once you've filed your claim, it will only be valid for a period of 1 year. Once a year passes, the claim will expire and no longer be enforceable. A claimant will need to file an enforcement action at least 90 days after filing, but within 1 year. An enforcement action is a full lawsuit. If successful your claim will become a judgment lien and attach to the property. The owner can either pay off the lien, or the claimant can force the foreclosure of the property to pay off any debt and encumbrances on the property. Here are some other resources you may find helpful:

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