Edmond, OK asked in Consumer Law, Contracts, Foreclosure and Real Estate Law for Oklahoma

Q: Who do I see to learn if an action has been filed on a mechanic's lien or if a hearing date has been set or is pending?

I have not been served a summons, although I have reason to believe that such may be forthcoming. I have offered settlement and have made previous payment and have sent a recent check to the merchant, which cumulatively amount to 75% of all claimed charges but have been stonewalled. The most recent check for $3645 (pmt. of 62%) against the claimed residual balance of $5850 has not been negotiated, perhaps because of inclusion of the proviso, "Endorsement and negotiation of this instrument acknowledges and agrees that the referent account is settled in full and mandates full release of lien." I fear that I will be undone by a potential summary judgment for foreclosure without opportunity to present my position unless I can determine whether or not an action has been filed and/or a hearing has been docketed.

1 Lawyer Answer
Todd Laster
Todd Laster
  • Consumer Law Lawyer
  • Tulsa, OK
  • Licensed in Oklahoma

A: You can search to see if a mechanic's lien has been filed on your property by searching in the land records division of the Court house where the property is located. There is a fee for copies. If the creditor makes an attempt to foreclose on the mechanics lien you should be notified by a summons.

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