M/M Lien Department

LIENS AND JUDGMENTS

TitleCitation
Vendors lien 42 O.S. 26
Bankers lien 42 O.S. 32
Judgment lien 42 O.S. 35
Keeper of inn 42 O.S. 39
Hospital lien 42 O.S. 43
Insurance agent's lien 42 O.S. 45
Physicians lien 42 O.S. 46
Ambulance service lien 42 O.S. 49
Abandoned well site lien 17 O.S. 53
District Attorney lien 42 O.S. 148
Personal property lien 42 O.S. 91
Labor lien on products 42 O.S. 92
Lien for labor or materials 42 O.S. 97
Threshers and combiners lien42 O.S. 111
Mechanic's and Materialmen's lien42 O.S. 141-150

Filing Fees:

#Fee DiscriptionAmount
1.Recording Mechanic's and Materialmen's Lien including Release.
PLUS $5.00 Preservation & Maintenance Fee on every instrument.
$10.00
2.Recording Medical Liens (Hospital, Physicians, Chiropractors) including Release.10.00
3.Recording Judgments.8.00
4.Recording each additional page for Liens, Judgments.2.00
5.Recording Executions (if Cleveland County Court). N/C

There are many types of liens but most are filed alike. Liens are filed to give notice to the public and property owner of a claim. A release of lien must be filed in the county clerk's office before the lien will be released. It must be signed by the claimant, and reflect the original lien number as well as any amendments. Please refer to the fee schedule for a complete list of filing fees.

MEDICAL LIENS

This type of lien is filed by any medical facility against a patient for medical services. i.e. physicians, ambulance, hospitals, or chiropractors. It is a claim against any money that a patient may receive from their insurance company. The lien must include the following:

  1. Name and address of injured party.
  2. Name and address of claimant.
  3. Name and address of insurance company.
  4. Name of person or firm to be liable.
  5. Itemized statement of amount claimed.

There is no charge to file a release of medical lien. That fee is paid for at the time of the original filing. The release must reflect the original liens recording information and name the person being released.

MECHANIC'S AND MATERIALMEN'S LIENS

This is a lien against real property. It covers labor, materials, or leasing equipment for work on property. Oil & gas well and mining liens also fall into this category. The contractor has 120 days after the work is completed to file the lien. A sub-contractor has 90 days. The lien must include the following:

  1. Name and address of claimant.
  2. Name and address of property owner.
  3. Amount claimed.
  4. Name and address of contracting party.
  5. Legal description of property.
  6. Affidavit (verification).
  7. Name and address for additional notices if needed.

A notice will be sent to the property owner within one (1) business day after the lien is filed and must contain the following:

  1. Lien number.
  2. Date of filing.
  3. Name and address of all parties involved.
  4. Owner of property.
  5. Legal description.
  6. Amount claimed.
  7. Statement of certified mail number.

DISCHARGING BY CASH BOND

Any interested party may file a notice to discharge a lien by bond. It does not have to be the property owner. The bond must be 125% of the lien in the form of cash or a cashier's check. A cash bond discharges the lien immediately.

SURETY BOND

A surety bond must also equal 125% of the lien amount and must contain the following:

  1. Name of lien claimant (obligee) and the party discharging (principal)
  2. Be executed by both principal and surety.
  3. Have a power of attorney if executed by an attorney in fact.
  4. Be executed by a corporate surety authorized to transact business in this state; and be conditioned that the principal and surety will pay the full amount of the claim and other costs, but in no event can the liability of the principal or surety exceed the bond penalty.

The effective date of release is ten (10) days after the surety bond is filed if no protest is received. Grounds for protest could be improper information, signatures, money amounts, or the bonding company isn't authorized to do business in this state. If protested, the county clerk must have a hearing within two (2) business days.

PERSONAL PROPERTY LIENS

This type of lien is similar to a mechanic's or materialmen's lien except that it is filed against personal property instead of real estate.This lien was designed for anyone providing material, labor, safekeeping, towing or storage. The lien is filed against various personal property i.e. horses, aircraft, automobile etc. The lien must be filed within sixty (60) days after the last furnishing of labor and/or materials. The lien must include the following:

  1. Name of owner.
  2. Name of claimant.
  3. Amount claimed.
  4. Description of property involved.

The claimant is responsible for sending notice(s) to the interested parties.

JUDGMENTS

A judgment becomes a lien on the real estate of the judgment debtor only after a Statement of Judgment made by the judgment creditor or attorney, on the form prescribed by the Administrative Director of the Courts, is filed in the county clerk's office of that county.

EXECUTIONS

Executions are filed to continue a judgment. They must make reference to the original judgment filing. There is no charge to file an execution in Cleveland County if the judgment was awarded through a Cleveland County court.

JUDGMENT RELEASES

The release must be a certified copy from the court clerk's office. It must include the original judgment number that it is releasing.