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 within one year of filing. To enforce the lien, you can file a petition to force the sale of the aircraft. Lienholders are paid from sale proceeds based on the order of their liens. Those who file first have priority over later filers.
You may also seek injunctive relief to prevent the sale or transfer of the helicopter. An injunction is a court order that requires a party to do or refrain from doing something. To obtain a preliminary injunction, you must demonstrate: (1) a strong likelihood of success on the merits; (2) irreparable injury without the injunction; (3) that the injunction won't cause substantial harm to others; and (4) that the public interest supports the injunction.
According to Oklahoma statutes, any lien can be enforced through civil action in the district court where the property is located, and this must be done within one year of filing (Okla. Stat. tit. 42, § 172). If the sale proceeds are insufficient to cover all claims, the court will order payments in proportion to the amounts owed (Okla. Stat. tit. 42, § 178).
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.