First time on oamaa@lists.imla.org

I work for a city attorney and we are wanting to file liens against property for unpaid taxes and fines. I am fresh out of law school, so I called the county clerk and explained what we are wanting to do. The clerk had no idea what I was talking about.

What type of lien would I be filling?
What is the procedure for filling the lien?

Thanks,

Alan Michael Taylor, J.D., LLI

PALMER LAW

1609 Arlington  Ada, OK 74820

(405) 496-1154  taylor@callpalmer.com

This email may be privileged attorney-client communication and/or litigation work product. It is intended solely for the addressee(s). Please reply to sender if you receive this message in error. Such error does not waive the applicable privilege(s).

You are not entitled to a lien until you reduce the debt to a judgment

Robert C. Thompson
Cheek & Falcone, PLLC
6301 Waterford Blvd., Suite 320
Oklahoma City,  Okla.  73118
direct telephone:405-286-9560
direct fax: 405-286-9680
Firm telephone: 405-286-9191
rthompson@cheekfalcone.commailto:rthompson@cheekfalcone.com

CONFIDENTIALITY NOTE:
This e-mail and any attachments may contain confidential information that is protected by legal privilege.  If you are not the intended recipient, be aware that any disclosure, copying, distribution or use of this e-mail or any attachment is prohibited.  If you have received this e-mail in error, please notify us immediately by returning it to the sender and delete this copy from your system.  Thank you for your cooperation.
Visit us at our website http://www.cheekfalcone.com/

From: Oama oama-bounces@lists.imla.org On Behalf Of Alan Taylor
Sent: Wednesday, August 26, 2020 10:51 AM
To: oama@lists.imla.org
Subject: [Oama] Tax lien

First time on oamaa@lists.imla.orgmailto:oamaa@lists.imla.org

I work for a city attorney and we are wanting to file liens against property for unpaid taxes and fines. I am fresh out of law school, so I called the county clerk and explained what we are wanting to do. The clerk had no idea what I was talking about.

What type of lien would I be filling?
What is the procedure for filling the lien?

Thanks,

Alan Michael Taylor, J.D., LLI

PALMER LAW
1609 Arlington  Ada, OK 74820

(405) 496-1154  taylor@callpalmer.commailto:taylor@callpalmer.com

This email may be privileged attorney-client communication and/or litigation work product. It is intended solely for the addressee(s). Please reply to sender if you receive this message in error. Such error does not waive the applicable privilege(s).

Here are the two applicable statutes answering your query,.

Oklahoma Statutes Citationized
[https://www.oscn.net/Images/Applications/search/WDFolderOpen.gif] https://www.oscn.net/applications/OCISWeb/index.asp?level=1&ftdb=STOKST11 Title 11. Cities and Towns
[https://www.oscn.net/Images/Applications/search/WDFolderOpen.gif] https://www.oscn.net/applications/OCISWeb/index.asp?level=1&ftdb=STOKST11#Chapter1-OklahomaMunicipalCode Chapter 1 - Oklahoma Municipal Code
[https://www.oscn.net/Images/Applications/search/WDFolderOpen.gif] https://www.oscn.net/applications/OCISWeb/index.asp?level=1&ftdb=STOKST11#ArticleXXVII-Courts Article Article XXVII - Courts
[https://www.oscn.net/Images/Applications/search/WDDocument.gif] Section 27-122 - Enforcement of Payment of Fines or Costs by Imprisonment - Persons Unable to Pay
Cite as: O.S. §, __ __

A. If a defendant who is financially able refuses or neglects to pay a fine or costs or both, payment may be enforced:

1. By imprisonment until the same shall be satisfied at the rate of Twenty-five Dollars ($25.00) per day; or

2. In the same manner as is prescribed in subsection B of this section for a defendant who is without means to make such payment.

B. If the defendant is without means to pay the fine or costs, the municipal judge may direct the total amount due to be entered upon the court minutes and to be certified to the district court in the county where the situs of the municipal government is located, where it shall be entered upon the district court judgment docket and shall have the full force and effect of a district court judgment. The same remedies shall be available for the enforcement of the judgment as are available to any other judgment creditor.

Oklahoma Statutes Citationized
[https://www.oscn.net/Images/Applications/search/WDFolderOpen.gif] https://www.oscn.net/applications/OCISWeb/index.asp?level=1&ftdb=STOKST11 Title 11. Cities and Towns
[https://www.oscn.net/Images/Applications/search/WDFolderOpen.gif] https://www.oscn.net/applications/OCISWeb/index.asp?level=1&ftdb=STOKST11#Chapter1-OklahomaMunicipalCode Chapter 1 - Oklahoma Municipal Code
[https://www.oscn.net/Images/Applications/search/WDFolderOpen.gif] https://www.oscn.net/applications/OCISWeb/index.asp?level=1&ftdb=STOKST11#ArticleXXVII-Courts Article Article XXVII - Courts
[https://www.oscn.net/Images/Applications/search/WDDocument.gif] Section 27-118 - Failure to Appear According to Terms of Bond - Forfeiture
Cite as: O.S. §, __ __

A. If, without sufficient excuse, a defendant fails to appear according to the terms or conditions of a bond, given by a bail bondsman as defined in Section 1301https://www.oscn.net/applications/oscn/DeliverDocument.asp?citeid=96424 of Title 59 of the Oklahoma Statutes, either for hearing, arraignment, trial, or judgment, or upon any other occasion when the presence of the defendant in court or before the judge may be lawfully required:

1. The court shall perform the procedures set forth in Section 1332https://www.oscn.net/applications/oscn/DeliverDocument.asp?citeid=96458 of Title 59 of the Oklahoma Statutes whereby the municipal court clerk shall issue the required notices; or

2. a. The municipal judge shall issue an order declaring the bond to be forfeited on the day the defendant failed to appear and stating the reasons therefor, and

b. Within five (5) days of the order of forfeiture, the municipal court clerk shall file a certified copy of the order with the district court in the county where the municipal government is located. The district court clerk shall treat the certified order of forfeiture as a foreign judgment and proceed in accordance with the provisions of Section 1332https://www.oscn.net/applications/oscn/DeliverDocument.asp?citeid=96458 of Title 59 of the Oklahoma Statutes. A surety shall have all remedies available under the provisions of Section 1108https://www.oscn.net/applications/oscn/DeliverDocument.asp?citeid=70888 of Title 22 and Sections 1301https://www.oscn.net/applications/oscn/DeliverDocument.asp?citeid=96424 through 1340https://www.oscn.net/applications/oscn/DeliverDocument.asp?citeid=96466 of Title 59 of the Oklahoma Statutes.

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s/ David A. Davis
LAW OFFICE OF DAVID A. DAVIS
4312 N. Classen Blvd.
OKLAHOMA CITY, OK 73118
405 840-6353
405 557-0777 (FAX)
ddavislaw@live.commailto:ddavislaw@live.com

From: Oama oama-bounces@lists.imla.org on behalf of Robert Thompson rthompson@cheekfalcone.com
Sent: Wednesday, August 26, 2020 11:01 AM
To: Alan Taylor taylor@callpalmer.com; oama@lists.imla.org oama@lists.imla.org
Subject: Re: [Oama] Tax lien

You are not entitled to a lien until you reduce the debt to a judgment

Robert C. Thompson

Cheek & Falcone, PLLC

6301 Waterford Blvd., Suite 320

Oklahoma City,  Okla.  73118

direct telephone:405-286-9560

direct fax: 405-286-9680

Firm telephone: 405-286-9191

rthompson@cheekfalcone.commailto:rthompson@cheekfalcone.com

CONFIDENTIALITY NOTE:
This e-mail and any attachments may contain confidential information that is protected by legal privilege.  If you are not the intended recipient, be aware that any disclosure, copying, distribution or use of this e-mail or any attachment is prohibited.  If you have received this e-mail in error, please notify us immediately by returning it to the sender and delete this copy from your system.  Thank you for your cooperation.
Visit us at our website http://www.cheekfalcone.com/

From: Oama oama-bounces@lists.imla.org On Behalf Of Alan Taylor
Sent: Wednesday, August 26, 2020 10:51 AM
To: oama@lists.imla.org
Subject: [Oama] Tax lien

First time on oamaa@lists.imla.orgmailto:oamaa@lists.imla.org

I work for a city attorney and we are wanting to file liens against property for unpaid taxes and fines. I am fresh out of law school, so I called the county clerk and explained what we are wanting to do. The clerk had no idea what I was talking about.

What type of lien would I be filling?

What is the procedure for filling the lien?

Thanks,

Alan Michael Taylor, J.D., LLI

PALMER LAW

1609 Arlington  Ada, OK 74820

(405) 496-1154  taylor@callpalmer.commailto:taylor@callpalmer.com

This email may be privileged attorney-client communication and/or litigation work product. It is intended solely for the addressee(s). Please reply to sender if you receive this message in error. Such error does not waive the applicable privilege(s).