I filed a mechanic's lien for labor/materials on 12/6/18 in Oklahoma. I know I have to file something to get on court docket. Is there a form for Motion to Enforce Lien?
1 reply
Dec 4, 2019
The enforcement of a mechanics lien is accomplished through a full-blown lawsuit.
Oklahoma Revised Statutes Section 42-172 specifies that a lien must be enforced "by civil action in the district court of the county in which the land is situated" that the enforcement action must be initiated, "within one (1) year from the time of the filing of said lien with the county clerk" and that "[t]he practice, pleading and proceedings in such action shall conform to the rules prescribed by the code of civil procedure as far as the same may be applicable."
While individual lien claimants can technically represent themselves in court, other entities (LLCs, corporations, etc.) generally require the assistance of an attorney. In any event, the foreclosure lawsuit process is complex enough that it is always a good idea to get some legal help.
Talking to a local attorney immediately would be a good starting place.
You can look for an attorney through the OK Bar Association website, here. Or, through this Expert Center, here.