Okla. Stat. tit. 4 § 194.1

Current through Laws 2024, c. 453.

Section 194.1 - Foreclosure of lien upon a domestic animal

A. A person who has a lien upon a domestic animal pursuant to Title 4 of the Oklahoma Statutes may foreclose upon the lien while lawfully in possession of the animal.

B. The lien may be foreclosed by a sale of the domestic animal upon notice which shall include:

1. The names of the owner and any other known party or parties who claim any interest in the domestic animal;

2. A description of the domestic animal to be sold;

3. The nature of the work, labor or service performed, or the materials or feed provided, any of which resulted in the creation of the lien, and the value of the work, labor, services, materials or feed;

4. The time and place of sale; and

5. The name of the party, agent or attorney foreclosing the lien. If the claimant is a business, the name of the contact person shall be shown. In place of an original signature and notary seal, a digital or electronic signature or seal shall be accepted.

C. The notice may relate to and contain information for more than one domestic animal or lien, provided that the information required pursuant to subsection B of this section is provided for each domestic animal or lien.

D. The notice shall be posted in three public places in the county where the property is to be sold at least ten (10) days before the time specified for such sale, and shall be mailed to the owner and any other party who claims any interest in the domestic animal, at the last-known post office address, by certified mail. The mailing shall occur at least ten (10) days before the time specified for the sale.

E. The lienor or any other person may in good faith become a purchaser of the property sold.

F. Proceedings for foreclosure under this section shall not be commenced until thirty (30) days after the lien has accrued, except as otherwise provided in the laws of this state.

G. For purposes of this section:

1. "Constructive possession" means possession by a person who, although not in actual possession, does not have an intention to abandon property, who knowingly has both the power and the intent at a given time to exercise dominion or control over the property, and who holds claim to the property pursuant to a legal right;

2. "Commercially reasonable sale" shall include, but not be limited to, any auction which members of the public may attend and bid;

3. A "party who claims any interest in the domestic animal" shall include:

a. all owners of the domestic animal,

b. any secured party who has a properly perfected lien in accordance with the laws of this state, and

c. any other person having any interest in the domestic animal, of whom the claimant has actual notice; and

4. "Possession" shall include actual possession and constructive possession.

H. The method described in this section for foreclosing upon a lien is in addition to, and not exclusive of, any other method under the laws of this state by which the lien may be properly foreclosed.

I. Nothing in this section shall be construed to create any new lien rights or limit any existing lien rights provided under the laws of this state; provided, however, this act shall not apply to liens created pursuant to Section 156 of Title 4 of the Oklahoma Statutes.

J. Notwithstanding the provisions of this section, the method of foreclosing upon a lien set forth in this section shall not be used for any lien created pursuant to Section 156 of Title 4 of the Oklahoma Statutes.

K. Any person who is induced by means of a check or other form of written order for immediate payment of money to deliver possession of a domestic animal on which the person has a lien created by subsection A of this section, which check or other written order is dishonored or is not paid when presented, shall have a lien for the amount thereof upon the personal property. The person claiming such lien shall, within thirty (30) days from the date of dishonor of the check or other written order for payment of money, file an Effective Financing Statement pursuant to Sections 1-9-320.1 through 1-9-320.7 of Title 12A of the Oklahoma Statutes or a financing statement pursuant to Section 1-9-501 of Title 12A of the Oklahoma Statutes, as applicable to the personal property, along with a sworn statement that:

1. The check or other written order for immediate payment of money, copy thereof being attached, was received for feeding, furnishing feed, or keeping a domestic animal;

2. The check or other written order was not paid; and

3. The uttering of the check or other written order constituted the means for inducing the person, one possessed of a special lien created by subsection A of this section upon the described domestic animal, to deliver up the domestic animal.

L. Any person who renders service to the owner of a domestic animal by feeding, furnishing feed, or keeping a domestic animal shall have a lien on such domestic animal pursuant to this section if such property is removed from the person's possession, without such person's written consent or without payment for such service.

1. The person claiming such lien shall, within thirty (30) days of such nonauthorized removal, file an Effective Financing Statement pursuant to Sections 1-9-320.1 through 1-9-320.7 of Title 12A of the Oklahoma Statutes or a financing statement pursuant to Section 1-9-501 of Title 12A of the Oklahoma Statutes, as applicable to the personal property, along with a sworn statement including:

a. that services were rendered on or in relation to the domestic animal by the person claiming the lien,

b. that the domestic animal was in the possession of the person claiming the lien but the domestic animal was removed without the person's consent,

c. an identifying description of the domestic animal on or in relation to which the service was rendered, and

d. that the debt for the services rendered on or in relation to the domestic animal was not paid. Provided, if the unpaid total amount of the debt for services rendered on or in relation to the domestic animal is unknown, an approximated amount of the debt shall be included in the sworn statement. The approximated debt may be amended within thirty (30) days of filing to reflect the actual amount of the debt.

2. The enforcement of the lien shall be within one hundred twenty (120) days after filing the lien in the manner provided by law for enforcing the lien of a security agreement and provided that the lien shall not affect the rights of innocent, intervening purchasers without notice.

Okla. Stat. tit. 4, § 194.1

Added by Laws 2011 , SB 530, c. 123, § 1, eff. 11/1/2011.