Okla. Stat. tit. 42, § 42-177
This is the official text of Okla. Stat. tit. 42, § 42-177, part of Oklahoma’s Stat. tit. 42, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 42,." Browse the sections below, each linked to its official government source.
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Suit by owner to determine lien and cancellation of lien
Official statutory text
on docket.
If any lien shall be filed under the provisions of this chapter,
and no action to foreclose such lien shall have been commenced, the
owner of the land may file his petition in the district court of the
county in which said land is situated, making said lien claimants
defendants therein, and praying for an adjudication of said lien so
claimed, and if such lien claimant shall fail to establish his lien,
the court may tax against said claimant the whole, or such portion
of the costs of such action as may be just. Provided, that if no
action to foreclose or adjudicate any lien filed under the
provisions of this chapter shall be instituted within one (1) year
from the filing of said lien, the lien is canceled by limitation of
law. If a lien is canceled by limitation of law, the owner of the
land may file an affidavit attesting to the cancellation with the
county clerk of the county in which the land is located. Upon
receipt of the affidavit, the county clerk shall attach the
affidavit to the original lien document in the lien docket file and
enter a notation of the filing in the mechanics' lien journal. The
affidavit shall be on a form prescribed by the Office of the
Administrative Director of the Courts.
R.L. 1910, § 3878. Amended by Laws 1977, c. 207, § 15, eff. Oct. 1,
1977; Laws 1995, c. 338, § 21, eff. Nov. 1, 1995.
If any lien shall be filed under the provisions of this chapter,
and no action to foreclose such lien shall have been commenced, the
owner of the land may file his petition in the district court of the
county in which said land is situated, making said lien claimants
defendants therein, and praying for an adjudication of said lien so
claimed, and if such lien claimant shall fail to establish his lien,
the court may tax against said claimant the whole, or such portion
of the costs of such action as may be just. Provided, that if no
action to foreclose or adjudicate any lien filed under the
provisions of this chapter shall be instituted within one (1) year
from the filing of said lien, the lien is canceled by limitation of
law. If a lien is canceled by limitation of law, the owner of the
land may file an affidavit attesting to the cancellation with the
county clerk of the county in which the land is located. Upon
receipt of the affidavit, the county clerk shall attach the
affidavit to the original lien document in the lien docket file and
enter a notation of the filing in the mechanics' lien journal. The
affidavit shall be on a form prescribed by the Office of the
Administrative Director of the Courts.
R.L. 1910, § 3878. Amended by Laws 1977, c. 207, § 15, eff. Oct. 1,
1977; Laws 1995, c. 338, § 21, eff. Nov. 1, 1995.
Status: in_force · Read it on the official government site
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