Full question:
We provided maintenance services on a helicopter for a company who will not pay us. We filed a lien in Blount County and with the FAA in Oklahoma. We just learned the helicopter is up for sale. Is there anything else we can do in the way of repossession, attachment, foreclosure, to prevent the aircraft from being sold. We are in contact with the financial institution who financed the aircraft. Also, we were told by others that if the aircraft was sold outside the U.S. our lien would be worthless.
- Category: Contractors
- Subcategory: Construction Liens
- Date:
- State: Tennessee
Answer:
A lien in Oklahoma must be foreclosed on within a year of filing the lien. A petition to enforce the lien is made to force the sale of the assets subject to the lien. Lienholders will recover from the sale proceeds according to the priority of the respective liens. Generally, those who file liens first are entitled to payment ahead in line of those who file later.
It is possible to also request injunction relief, to prevent the defending party from taking acts to transfer or futher encumber the property. Injunctive relief consists of a court order called an injunction, requiring an individual to do or not do a specific action. It must be proven that without the injunction, harm will occur which cannot be remedied by money damages. To issue a preliminary injunction, the courts typically require proof that
(1) the movant has a ‘strong’ likelihood of success on the merits;
(2) the movant would otherwise suffer irreparable injury;
(3) the issuance of a preliminary injunction wouldn't cause substantial harm to others; and
(4) the public interest would be served by issuance of a preliminary injunction.
The following are OK statutes:
§ 42-172. Enforcement by Civil Actions — Limitations — Practice, Pleading
and Proceeding — Amendment of lien statement.
Any lien provided for by this chapter may be enforced by civil action
in the district court of the county in which the land is situated, and
such action shall be brought within one (1) year from the time of the
filing of said lien with the county clerk. The practice, pleading and
proceedings in such action shall conform to the rules prescribed by the
code of civil procedure as far as the same may be applicable; and in case
of action brought, any lien statement may be amended by leave of court in
furtherance of justice as pleadings may be in any matter, except as to
the amount claimed.
§ 42-178. Proceeds insufficient.
If the proceeds of the sale be insufficient to pay all the claimants,
then the court shall order them to be paid in proportion to the amount
due each.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
