Oklahoma Statutes

Okla. Stat. tit. 42, § 172 (2026)

Enforcement by civil actions - Limitations - Practice,

✓ current as of July 2026
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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. R.L. 1910, § 3873; Laws 1935, p. 226, § 1; Laws 1977, c. 207, § 13, eff. Oct. 1, 1977.

Notes of Decisions
Cited in 12 cases (2 in the last 5 years), 1956–2024 · leading case: First Nat'l Bank of Pauls Valley v. Crudup, 656 P.2d 914 (Okla. 1982).
First Nat'l Bank of Pauls Valley v. Crudup, 656 P.2d 914 (Okla. 1982). · cites it 7× “OPALA, Justice: The two dispositive issues on certiorari are: [1] Does the pre-1977 version of 42 O.S.1981 § 172 — which allowed foreclosure suits to be brought within one year after maturity of the note attached to a lien statement — govern this case? [2] Can this court…”
K & H Well Serv., Inc. v. Tcina, Inc., 2002 OK 62 (Okla. 2002). “20 The provisions of 42 O.S.2001 § 172 allow for the lien statement’s amendment as to the above elements — except for the amount claimed — upon showing that the same would be “in furtherance of justice.”
Matthew Cobb, Plaintiff-Appellant/cross-Appellee v. Saturn Land Co., Inc., Defendant-Appellee/cross-Appellant, 966 F.2d 1334 (10th Cir. 1992). “They are enforceable by civil foreclosure action within one year of filing, Okla.Stat.Ann. tit. 42, § 172, after which time they are “cancelled by limitation of law[,]” id.”
Balfour v. Nelson, 890 P.2d 916 (Okla. 1994). “The provisions of § 46(D) appear to have been taken from 42 O.S.1991, § 172. That section, however, pertains to enforcing liens on real prop- ■ erty and is not applicable to the purposes the legislature attempted to serve with the enactment of this statutory protection for…”
Am.-First Title & Trust Co. v. First Fed. Sav. & Loan Ass'n, 415 P.2d 930 (Okla. 1965). “229: “The general rule is that nothing may be read into a statute which is not within the manifest intention of the Legislature as gathered from the Act itself and that a statute should not be construed any more broadly or given any greater effect than its terms require.”
Mobile Components, Inc. v. Layon, 623 P.2d 591 (Okla. 1980). · cites it 2× “42 O.S.1971, § 172. If no action is commenced within one year, the lien is canceled by limitation of law.”
Matter of Mahan & Rowsey, Inc., 27 B.R. 883 (Bankr. W.D. Okla. 1983). “42 O.S.1981 § 172 provides that a lien statement “may be amended by leave of the court in furtherance of justice as pleadings may be in any manner, except as to the amount claimed.”
Antrim Lumber Co. v. Bowline, 460 P.2d 914 (Okla. 1969). “* * (Emphasis supplied) And, because the plaintiff was permitted by the court, at the commencement of the trial, to amend his lien statement by reducing the amount claimed therein by giving the defendant proper credit for all amounts paid by it to, or for the benefit of, the…”
Smith v. Findley, 298 P.2d 440 (Okla. 1956). “It is now asserted that this amendment of the lien statement violated the provisions of 42 O.S.1951 § 172, which allows amendments of lien statements “except as to the amount claimed.”
Booth v. Red Eagle Oil Co., 393 P.2d 871 (Okla. 1964). “However, if we assume said lien statement as filed is inconsistent with the judgment rendered, Title 42 O.S.1961 § 172, provides, inter alia, that in case an action is brought, any lien statement may be amended by leave of court in furtherance of justice as pleadings may be in…”
Downing Wellhead Equip., LLC v. Trinity Operating (USG), LLC (E.D. Okla. 2024). “Okla. Stat. tit. 42, § 172 , in turn, states that: 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…”
Downing Wellhead Equip., LLC v. Trinity Operating (USG), LLC (S.D. Tex. 2024). “Okla. Stat. tit. 42, § 172 , in turn, states that: 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…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.