§ 194.1. Foreclosure of lien upon a domestic animal
Oklahoma Statutes AnnotatedTitle 4. Animals
4 Okl.St.Ann. § 194.1
§ 194.1. Foreclosure of lien upon a domestic animal
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.
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;
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:
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:
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.
Credits
Laws 2011, c. 123, § 1, eff. Nov. 1, 2011.
4 Okl. St. Ann. § 194.1, OK ST T. 4 § 194.1
Current with emergency effective legislation through Chapter 3 of the Second Regular Session of the 59th Legislature (2024). Some sections may be more current, see credits for details.
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