Req. No. 814 Page 1 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
SENATE BILL 511 By: Bergstrom
AS INTRODUCED
An Act relating to liens; amending 42 O.S. 2021,
Section 91A, as last amended by Section 29, Chapter
452, O.S.L. 2024 (42 O.S. Supp. 2024, Section 91A),
which relates to liens for service on personal
property; adding exceptions to certain definition;
and providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 42 O.S. 2021, Section 91A, as last
amended by Section 29, Chapter 452, O.S.L. 2024 (42 O.S. Supp. 2024,
Section 91A), is amended to read as follows:
Section 91A. A. 1. a. This section applies to all types of
personal property other than:
(1) farm equipment as defined in Section 91.2 of this
title, and
(2) “Section 91 Personal Property ” as defined in
Section 91 of this title.
Req. No. 814 Page 2 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
b. This section applies to any vehicle, all -terrain
vehicle, utility vehicle, manufactured home,
motorcycle, boat, outboa rd motor, or trailer that is
excluded from coverage under subsection A of Sect ion
91 of this title because the personal property:
(1) does not have a certificate of title,
(2) has a certificate of title but does not have an
active lien recorded on the cert ificate of title,
(3) has a certificate of title that is not issued by
Service Oklahoma or by a federally recognized
Indian tribe in the State of Oklahoma, or
(4) is otherwise excluded by subparagraph b of
paragraph 1 of subsection A of Section 91 of this
title or subsection D of Section 91 of this
title.
c. If personal property has a certificate of title, or
would be required to have a certificate of title under
Oklahoma law, and is apparently covered both by this
section and by Sections 191 through 200 of this title,
the procedures set out in this section shall apply
instead of Sections 191 through 200 of this title. If
personal property without a certificate of title and
not required to be titled under Oklahoma law is
covered both by this section and Sec tions 191 through
Req. No. 814 Page 3 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
200 of this title, the procedures set out in Sections
191 through 200 of this title shall apply instead of
this section.
2. a. Any person who, while lawfully in possession of an
article of personal property to which this section
applies, renders any service to the owner thereof by
furnishing storage, rental space, material, labor or
skill for the protection, improvement, safekeeping,
towing, right to occupy space, storage or carriage
thereof, has a special lien thereon, dependent on
possession, for the compensation, if any, which is due
to such person from the owner for such service.
Charges owed under a contract primarily for the
purpose of storage or rental of space shall be accrued
only at the regular periodic rate for storage or
rental as provided in the contract, adjusted for
partial periods of storage or rental.
b. Except for Class AA licensed wrecker towing charges,
the special lien shall be subordinate to any perfected
security interest unless the claimant complies with
the requirements of this section. Failure to comply
with any requirements of this section shall result in
denial of any title application and cause the special
lien to be subordinate to any perfected lien . Upon
Req. No. 814 Page 4 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
such denial, the applicant shall be entitled to one
resubmission of the title application within thirty
(30) business days of receipt of the denial , and
proceed to comply with the requirements of this
section. In the event of a denial, the Notice of
Possessory Lien and the Notice of Sale may be mailed
on the same day in separate envelopes and storage
charges shall only be charged from the date of
resubmission; however, before a Notice of Sale is to
be mailed, the personal property must have been
possessed by the possessory lien claimant for at least
twenty-one (21) days. Furthermore, if the denial was
due to error by the party submitting the title
application, then no additional fee for the
resubmission shall be charged to the property owner.
(1) “Failure to comply” includes, but is not limited
to:
(1) (a) failure to timely provide additional
documentation supporting or verifying any
entry on submitted forms as requested by
Service Oklahoma,
(2) (b) failure to provide the documentation
supporting lawful possession as outlined in
paragraph 3 of subsection H of t his section,
Req. No. 814 Page 5 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
(3) (c) claimant being other than the
individual who provided the service giving
rise to the special lien, as in subparagraph
a of this paragraph,
(4) (d) claimant not being in possession of
the vehicle, or
(5) (e) notification and proceedings not
accomplished in accordance with subparagraph
c of this paragraph, and par agraph 3 of this
subsection, and
(2) Failure to comply shall not include:
(a) clerical errors that do not affect or
reflect the true intent of the notice, or
(b) events out of the control of the claimant.
Such events may include, but not be limited
to, changes in ownership of the property or
interested party information while such
property is in the possession of the
claimant.
c. Any person claiming a lien under this section shal l
request, within five (5) business days of performing
any service or work on the property, Service Oklahoma
or other appropriate license agency to furnish the
name and address of the current owner of and any
Req. No. 814 Page 6 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
lienholder upon the property. Service Oklahoma or an
appropriate license agency shall respond in person or
by mail to the lien claimant within ten (10) business
days of the receipt of the request for information.
Service Oklahoma shall render assistance to ascertain
ownership, if needed. The lien cl aimant shall send,
within seven (7) business days of receipt of the
requested information from Service Oklahoma or other
license agency, a notice of the location of the
property by certified mail with return receipt
requested, postage prepaid, to the owner and any
lienholder of the vehicle at the addresses furnished.
The lien claimant may charge not more than Fifty
Dollars ($50.00) for processing plus the cost of
postage if the notice is timely sent pursuant to the
requirements of this subparagraph in addi tion to fees
regulated by the Corporation Commission for licensed
wreckers. If the lien claimant is unable to meet the
time requirements due to a lack of or an altered
vehicle identification number on the property, the
lien claimant shall proceed diligent ly to obtain the
proper vehicle identification number and shall meet
the time requirements on the notice once the vehicle
identification number is known. If the lien claimant
Req. No. 814 Page 7 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
is required to send additional notices because of
change of ownership or lienhol der after it has timely
complied with the requirements of this subparagraph,
the lien claimant shall remain in compliance if such
additional notices are sent within the required time
periods from the date of discovery of the new owners
or lienholders. The notice shall be in writing and
shall contain, but not be limited to, the following:
(1) a statement that the notice is a Notice of
Possessory Lien,
(2) the complete legal name, physical and mailing
address, and telephone number of the claimant,
(3) the complete legal name, physical and mailing
address of the person who requested th at the
claimant render service to the owner by
furnishing material, labor or skill, storage, or
rental space, or the date the property was
abandoned if the claimant did not rende r any
other service,
(4) a description of the article of personal
property, and the complete physical and mailing
address of the location of the article of
personal property,
Req. No. 814 Page 8 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
(5) the nature of the work, labor or service
performed, material furnished, or th e storage or
rental arrangement, and the date thereof, and
written proof of authority to perform the work,
labor or service provided that, in the case of a
law enforcement directed tow, the logbook entry
prescribed in OAC 595:25 -5-5 or the tow ticket as
defined by the Corporation Commission shall serve
as written proof of authority,
(6) the signature of the claimant which shall be
notarized and, if applicable, the signature of
the claimant’s attorney. If the claimant is a
business, the name of the contact person
representing the business shall be shown. In
place of an original sign ature and notary seal, a
digital or electronic signature or seal shall be
accepted, and
(7) an itemized statement describing the date or
dates the labor or services were performe d and
material furnished and the charges claimed for
each item, the totals of which shall equal the
total compensation claimed.
The lien claimant shall not be required to send the
notice required in this subparagraph if the property
Req. No. 814 Page 9 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
is released to an inter ested party before the notice
is mailed and no additional charges or fees cont inue
to accrue. If a law enforcement agency has the
property towed to a law enforcement facility, the
person claiming a lien under this section shall not be
required to send not ice until the property is released
by law enforcement to the claimant or the date which
claimant starts charging storage, whichever is
earlier. A lien claimant shall have an extension of
ten (10) business days to send the notice required in
this subparagraph if a state of emergency has been
declared in the county in which the prope rty is
located.
d. Subparagraphs b and c of this paragraph shall not
apply to salvage pools as defined in Section 591.2 of
Title 47 of the Oklahoma Statutes.
3. The lien may be foreclosed by a sale of such personal
property upon the notice and in the manner following: The notice
shall be in writing and shall contain, but not be limited to:
a. the names of the owner and any other known party or
parties who may claim any interest in the property,
b. a description of the property to be sold, including a
visual inspection or a photograph if the property is a
Req. No. 814 Page 10 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
motor vehicle, and the physical location of the
property,
c. the nature of the work, labor or service performed,
material furnished, or the storage or rental
arrangement, and the date thereof, and written proof
of authority to perform the work, labor or service
provided. In the case of a law enforcement directed
tow, the logbook entry prescribed in OAC 595:25 -5-5 or
the tow ticket as defined by the Corporation
Commission, shall serve as written proof of au thority,
d. the time and place of sale,
e. the name, telephone number, physical address and
mailing address of the claimant, and agent or
attorney, if any, foreclosing such lien. If the
claimant is a business, then the name of the contact
person representing the business must be shown. In
place of an original signature and notary seal, a
digital or electronic signature or seal shall be
accepted, and
f. itemized charges which sha ll equal the total
compensation claimed.
4. a. Such Notice of Sale shall be po sted in two public
places in the county where the property is to be sold
at least ten (10) days before the time therein
Req. No. 814 Page 11 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
specified for such sale, and a copy of the notice
shall be mailed to the owner and any other party
claiming any interest in the property, if known, at
their last-known post office address, by certified
mail, return receipt requested, at least ten (10) days
before the time therein specified for such sale. If
the item of personal property is a manufactured home,
notice shall also be sent by certified mail to the
county treasurer and to the county assessor of the
county where the manufactured home is located.
b. In the case of any item of personal property without a
certificate of title and not required to be titled
under Oklahoma law, a party who claims any interest in
the property shall include all owners of the property;
any secured party who has an active financing
statement on file with the county clerk of Oklah oma
County listing one or more owners of the property by
legal name as debtors and indicating a collateral
description that would include the property; and any
other person having any interest in the personal
property, of whom the claimant has actual notic e.
c. In the case of personal property subject to this
section for which a certificate of title has been
issued by any jurisdiction, a party who claims any
Req. No. 814 Page 12 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
interest in the property shall include all owners of
the article of personal property as indicated b y the
certificate of title; lien debtors, if any, other than
the owners; any lienholder whose lien is noted on the
face of the certificate of title; and any other person
having any interest in the article of personal
property, of whom the claimant has actu al notice.
d. When the jurisdiction of titling for a vehicle, all -
terrain vehicle, motorcycle, boat, outboard motor, or
trailer that is five (5) model years old or newer, or
a manufactured home that is fifteen (15) model years
old or newer, cannot be deter mined by ordinary means,
the claimant, the agent of the claimant, or the
attorney of the claimant, shall request, in writing,
that Service Oklahoma ascertain the jurisdiction where
the vehicle or manufactured home is titled. Service
Oklahoma shall, within fourteen (14) days from the
date the request is received, provide information as
to the jurisdiction where the personal property is
titled. If Service Oklahoma is unable to provide the
information, it shall provide notice that the record
is not available.
e. When personal property is of a type that Oklahoma law
requires to be titled, the owner of record of that
Req. No. 814 Page 13 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
property is unknown, and the jurisdiction of titling
and owner of record cannot be determined by ordinary
means and also, if applicable, cannot be determined in
accordance with the preceding subparagraph, then the
special lien may be foreclosed by publication of a
legal notice in a legal newspaper in the county where
the personal property is located, as defined in
Section 106 of Title 25 of the Okla homa Statutes.
Such notice shall include the description of the
property by year, make, vehicle identification number
if available from the property, the name of the
individual who may be contacted for information, and
the telephone number of that person or the address
where the vehicle is located. The legal notice shall
be published once per week for three (3) consecutive
weeks. As soon as circumstances exist as described in
the first sentence of this subparagraph, the first
date of publication may occu r even if the special lien
has not accrued for over thirty (30) days. The fir st
date available for public sale of the vehicle is the
day following publication of the final notice, but no
fewer than thirty (30) days after the lien has
accrued. When the ow ner of record is unknown, the
Notice of Sale nevertheless must be completed and
Req. No. 814 Page 14 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
mailed to any known interested party by certified
mail. For purposes of this paragraph, interested
parties shall include all persons described in
subparagraph b or subparagrap h c of this paragraph,
whichever is applicable, with the exception of any
owner who is unknown. Except in circumstances
described in paragraph 7 of this subsection that
provide for a shorter time period, the Notice of Sale
shall be posted in two public pl aces in the county
where the property is to be sold at least ten (10)
days before the time therein specified for such sale,
and the Notice of Sale shall not be mailed until at
least thirty (30) days after the lien has accrued.
5. The lienor or any other p erson may in good faith become a
purchaser of the property sold.
6. Proceedings for foreclosure under this act shall commence in
twenty (20) days after the lien has accrued, except as provided
elsewhere in Oklahoma law.
7. Notwithstanding any other provi sion of law, proceedings for
foreclosures for the storage of junk vehicles towed and stored
pursuant to Section 955 of Title 47 of the Oklahoma Statutes by
Class AA wreckers listed with the Motor Vehicle Division of the
Department of Public Safety, may be commenced five (5) days after
the lien has accrued. For purposes of this para graph, “junk
Req. No. 814 Page 15 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
vehicles” means any vehicle that is more than ten (10) years old if
the cost of a comparable vehicle would be less than Three Hundred
Dollars ($300.00) as quoted in the latest edition of the National
Automobile Dealers Association Official Used Car Guide or latest
monthly edition of any other nationally recognized published
guidebook, adjusting to the condition of the vehicle.
B. 1. a. Any person who is induced by mea ns of a check or other
form of written order for immediate payment of money
to deliver up possession of an article of personal
property on which the person has a special lien
created by subsection A of this section, which check
or other written order is di shonored, or is not paid
when presented, shall have a lien for the amount
thereof upon the personal property.
b. 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 in the
office of the county clerk of the county in which the
property is situated a sworn statement that:
(1) the check or other written order for immediate
payment of money, copy thereof being attached,
was received for labor, material or supplies for
producing or repairing an article of personal
Req. No. 814 Page 16 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
property, or for other specific property -related
services covered by this section,
(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
article of personal property, to deliver up the
article of personal property.
2. a. Any person who renders service to the owner of an
article of personal property by furnishing storage,
rental space, material, labor, or skill for the
protection, improvement, safekeeping, towing, right to
occupy space, storage, or carriage thereof shall have
a special lien on such property pursuant to th is
section if such property is removed from the person ’s
possession, without s uch person’s written consent or
without payment for such service.
b. The person claiming such lien shall, within five (5)
days of such nonauthorized removal, file in the office
of the county clerk of the county in which the
property is located, a sworn statement including:
Req. No. 814 Page 17 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
(1) that services were rendered on or in relation to
the article of personal property by the person
claiming such lien,
(2) that the property was in the possess ion of the
person claiming the lien but such property was
removed without his or her written consent,
(3) an identifying description of the article of
personal property on or in relation to which the
service was rendered, and
(4) that the debt for the serv ices rendered on or in
relation to the article of personal property was
not paid. Provided, if the unpaid total amount
of the debt for services rendered on or in
relation to the article of personal property is
unknown, an approximated amount of the debt d ue
and owing shall be included in the sworn
statement but such approximated de bt may be
amended within thirty (30) days of such filing to
reflect the actual amount of the debt due and
owing.
3. The enforcement of the lien shall be within sixty (60) 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
Req. No. 814 Page 18 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
not affect the rights of innocent, intervening purchasers without
notice.
C. If the person who renders service to the owner of an article
of personal property to which this section applies relinquishes or
loses possession of the article due to circumstances described in
subparagraph a of paragraph 1 or subparagraph a of paragraph 2 of
subsection B of this section, the person cl aiming the lien shall be
entitled to possession of the article until the amount due is paid,
unless the article is possessed by a person who became a bona fide
purchaser. Entitlement to possession shall be in accordance with
the following:
1. The claimant may take possession of an article pursuant to
this subsection only if the pe rson obligated under the contract for
services has signed an acknowledgment of receipt of a notice that
the article may be subject to repossession. The notice and
acknowledgment pursuant to this subsection shall be:
a. in writing and separate from the written contract for
services, or
b. printed on the written contract for services, credit
agreement or other document which displays the notice
in bold-faced, capitalized and underl ined type, or is
separated from surrounding written material so as to
be conspicuous with a separate signature line;
Req. No. 814 Page 19 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
2. The claimant may require the person obligated under the
contract for services to pay the costs of repossession as a
condition for reclaiming the article only to the extent of the
reasonable fair market value of the services required to take
possession of the article;
3. The claimant shall not transfer to a third party or to a
person who performs repossession services, a check, money orde r, or
credit card transaction that is received as payment for services
with respect to an article and that is returned to the claimant
because of insufficient funds or no funds, because the person
writing the check, issuing the money order, or credit cardh older has
no account or because the check, money order, or credit card account
has been closed. A person violating this paragraph shall be guilty
of a misdemeanor; and
4. An article that is repossessed pursuant to this subsection
shall be promptly delive red to the location where the services were
performed. The article shall rema in at the services location at all
times until the article is lawfully returned to the record owner or
a lienholder or is disposed of pursuant to this section.
D. 1. This section applies if a vehicle, all -terrain vehicle,
manufactured home, motorcycle, boat, outboard motor, or trailer has
a certificate of title issued by Service Oklahoma or by a federally
recognized Indian tribe in Oklahoma, but there is no active lien
recorded on the certificate of title.
Req. No. 814 Page 20 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
2. This section applies if a vehicle, all -terrain vehicle,
utility vehicle, motorcycle, boat, outboard motor or trailer has a
certificate of title issued by Service Oklahoma or by a federally
recognized Indian tribe in Oklahom a, and there is an active lien
recorded on the certificate of title, but the lien is over fifteen
(15) years old.
3. This section applies if personal property to which Section
91 of this title otherwise would apply has been registered by
Service Oklahoma or by a federally recognized Indian tribe in the
State of Oklahoma, and there is a lien of record but no certificate
of title has been issued.
4. This section applies if personal property to which Section
91 of this title otherwise would apply has not bee n registered by
either Service Oklahoma or a federally recognized Indian tribe in
the State of Oklahoma, and no certificate of title has been issued,
but there is a lien of record.
5. This section applies to personal property that otherwise
would be covered by Section 91 of this title, except that the
services were rendered or the property was abandoned prior to
November 1, 2005.
6. This section applies to a vehicle, all -terrain vehicle,
utility vehicle, manufactured home, motorcycle, boat, outboard
motor, or trailer for which ownership cannot be determined by
ordinary means or by Service Oklahoma Motor Vehicle Division, as
Req. No. 814 Page 21 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
provided in subparagraphs d and e of paragraph 4 of subsection A of
this section, as applicable.
7. This section applies to items of personal property that are
not required by Oklahoma law to be titled, and that do not have a
certificate of title.
8. This section applies to salvage pools as defined in Section
591.2 of Title 47 of the Oklahoma Statutes.
9. This section applies to class AA licensed wrecker services
taking possession of a vehicle pursuant to an agreement with, or at
the direction of, or dispatched by a state or local law enforcement
or government agency, or pursuant to the abandoned vehicle removal
provisions of Section 9 54A of Title 47 of the Oklahoma Statutes with
respect to all types of personal property, regardless of whether
that personal property has a certificate of title.
10. For a vehicle abandoned at a salvage pool, if the cost of
repairing the vehicle for safe operation on the highway does not
exceed sixty percent (60%) of the fair market value of the vehicle
as defined in Section 1111 of Title 47 of the Oklahoma Statutes, a
salvage title shall not be required.
E. A person who knowingly makes a false statement of a material
fact regarding the furnishing of storage, rental space, material ,
labor or skill for the protection, improvement, safekeeping, towing,
right to occupy space, storage or carriage thereof in a proceeding
under this section, or attempts to use o r uses the provisions of
Req. No. 814 Page 22 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
this section to foreclose an owner or lienholder ’s interest in a
vehicle knowing that any of the statements made in the proceeding
are false, upon conviction, shall be guilty of a felony.
F. Upon receipt of notice of legal proceed ings, Service
Oklahoma shall cause the sale process to be put on hold until no tice
of resolution of court proceedings is received from the court. If
such notice of commencement of court proceedings is not filed with
Service Oklahoma, the possessory lien s ale process may continue.
G. No possessory lien sale shall be held on a Sunday.
H. For purposes of this section:
1. “Possession” includes actual possession and constructive
possession;
2. “Constructive possession ” means possession by a person who,
although not in actual possession, does not have an intention to
abandon property, knowingly has both power and the intention at a
given time to exercise dominion or control over the property, and
who holds claim to such thing by virtue of some legal right;
3. “Lawfully in possession ” means a person has documentation
from the owner or the owner ’s authorized agent, or an insurance
company or its authorized agent, authorizing the furnishing of
material, labor or storage, or that the property was authorized to
be towed to a repair facility.
Class AA wrecker services taking possession of a vehicle
pursuant to an agreement with, or at the direction of, or dispatched
Req. No. 814 Page 23 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
by, a state or local law enforcement or government agency, or
pursuant to the abandoned vehicle remov al provisions of Section 954A
of Title 47 of the Oklahoma Statutes, shall be considered lawfully
in possession of the vehicle. If the person lacks such
documentation, the procedures established by this section shall not
apply; and
4. “Itemized charges” means total parts, total labor, total
towing fees, total storage fees, total pr ocessing fees and totals of
any other fee groups, the sum total of which shall equal the
compensation claimed.
I. For purposes of this section, the United States Postal
Service approved electronic equivalent of proof of return receipt
requested Form 3811 shall satisfy return receipt requested
documentation requirements.
J. If a person claiming a special lien pursuant to this section
fails to comply with any of the requirements o f this section, any
interested party may proceed against the person claiming s uch lien
for all damages arising therefrom, including conversion, if the
article of personal property has been sold. If the notice or
notices required by this section shall be s hown to be knowingly
false or fraudulent, the interested party shall be entitled to
treble damages. The prevailing party shall be entitled to all
costs, including reasonable attorney fees.
Req. No. 814 Page 24 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
K. Any interested party shall be permitted to visually inspect
and verify the services rendered by the claimant prior to the sale
of the article of property during normal business hours. If the
claimant fails to allow any interested party to inspect the
property, the interested party shall mail a request for inspection
by certified mail, return receipt requested, to the claimant.
Within three (3) business days of receipt of the request for
inspection, the claimant shall mail a photograph of the property, by
certified mail, return receipt requested, and a date of inspec tion
within five (5) business days from the date of the notice to
inspect. The lienholder shall be allowed to retrieve the property
without being required to bring the title into the lienholder ’s
name, if the lienholder provides proof it is a lienholder a nd any
payment due the claimant for lawful charges where the claimant has
complied with this section. Upon the release of personal property
to an insurer or representative of the insurer, wrecker operators
shall be exempt from all liability and shall be h eld harmless for
any losses or claims of loss. In the event any law enforceme nt
agency places a hold on the property, the party wanting to inspect
or photograph the property shall obtain permission from the law
enforcement agency that placed the hold on t he property before
inspecting or photographing.
L. This section shall apply to all actions or proceedings that
commence on or after August 22, 2014.
Req. No. 814 Page 25 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
SECTION 2. This act shall become effective November 1, 2025.
60-1-814 TEK 1/12/2025 1:54:26 PM