Understanding Oklahoma Title 42 Vehicle Liens and How to Stop It
If you have learned that a towing or storage company is trying to obtain ownership of your vehicle under Oklahoma’s Title 42 process, you are not alone. Title 42 lien applications are one of the most confusing areas of Oklahoma law.
This guide explains what a Title 42 lien is, how the process works, when a temporary restraining order (TRO) or injunction may be necessary to stop it, and how an attorney can help. It also outlines how someone can seek emergency relief on their own (pro se) if time is critical.
What Is a Title 42 Lien or Title 42 Application
Under Title 42 of the Oklahoma Statutes, certain businesses such as towing companies, repair shops, or storage facilities may claim ownership of an unclaimed vehicle or other personal property when the owner fails to retrieve it or pay for storage.
There are two main versions of the process:
1. Title 42 § 91 – Public Sale (Auction)
This older version authorizes a sale at public auction. After proper notice to all owners and lienholders, the business may sell the vehicle, apply the proceeds to towing or storage fees, and deposit any remaining funds with the court clerk.
2. Title 42 § 91A – Possessory Lien and Administrative Title Transfer
This is the modern, most common approach used by towing and storage companies. Instead of holding a public sale, the company applies directly to Service Oklahoma for a new title after sending certified mail notices and waiting the required period. If approved, Service Oklahoma issues a new title to the applicant or a buyer.
When a Title 42 Application Becomes a Problem
The process is lawful only if every procedural requirement is followed. If the company skips notice, mails documents to the wrong address, or charges more than the maximum daily storage rate set by 47 O.S. § 953.2, the Title 42 application can be invalid.
Frequent issues include:
Notice sent only to a prior owner, not the current purchaser.
Certified mail that was returned or never delivered.
Excessive storage or towing charges.
Applications filed while a criminal or ownership dispute is still pending.
If any of these occur, a court can pause or cancel the Title 42 transfer.
How a Temporary Restraining Order (TRO) Stops a Title 42 Transfer
Once a Title 42 application is submitted, Service Oklahoma cannot stop the transfer on its own. Under 42 O.S. § 91A(F):
“Upon receipt of notice of legal proceedings, Service Oklahoma shall cause the sale process to be put on hold until notice of resolution of court proceedings is received from the court.”
That means filing a lawsuit and often requesting a TRO is the only practical way to freeze the process before the title is issued.
A TRO maintains the status quo until the judge can hold a full hearing. Judges may require the plaintiff to post a bond (often equal to the vehicle’s value) to protect the towing company in case the owner does not prevail.
TROs and Injunctions: Similar Procedures, Different Courts
In Oklahoma, temporary restraining orders and preliminary injunctions are procedurally the same under 12 O.S. § 1384. Both are forms of equitable relief that prevent immediate harm until the court decides the underlying dispute.
In civil court, a TRO or injunction preserves property or rights. In criminal court, bonds or restraining orders may also be issued, but they operate under a completely different purpose—protecting public safety or ensuring appearance in court. The procedures, deadlines, and bond rules differ significantly.
If you are filing a TRO over a vehicle or personal property, you are in civil court, and the process follows the Oklahoma Rules of Civil Procedure.
Filing for a TRO Without a Lawyer (Pro Se)
If hiring a lawyer is not possible, you can still take action:
Prepare a Verified Petition.
Write a short petition explaining you own the vehicle, the tow company has it, and a Title 42 lien is pending. Request a TRO to prevent transfer of title.Attach Evidence.
Include copies of your bill of sale, title, towing receipt, or any correspondence that proves ownership.Prepare an Affidavit of Notice.
Under Oklahoma County Local Rule 13, you must explain what efforts you made to notify the other party and why immediate relief is needed.File in the Correct County.
File where the vehicle is located or where the towing company operates.Locate the Duty Judge.
After filing, ask the clerk which judge is assigned or which judge is on duty for emergency hearings. Bring a copy of everything to chambers.Be Prepared to Post a Bond.
The judge may require a cash bond or surety bond, often equal to the fair market value of the vehicle.Serve All Parties.
After filing, send copies of your petition and any order to the tow company, Service Oklahoma, and the Attorney General’s Office.
Even when filed pro se, the court’s involvement triggers the statutory hold under § 91A(F), stopping Service Oklahoma from processing the title until the lawsuit ends.
When a Lawyer Can Help
A lawyer familiar with Title 42 litigation can:
Draft and file the verified petition and TRO correctly the first time.
Prepare the required affidavit for ex parte hearings under Local Rule 13.
Argue the legal factors for injunctive relief (likelihood of success, irreparable harm, balance of equities, and public interest).
Coordinate with Service Oklahoma to ensure the VIN is properly flagged.
Draft the proposed injunction order and bond documents for the judge’s signature.
Because timing is crucial, legal representation can mean the difference between saving your vehicle and losing it permanently.
Tips for TRO and Injunction Hearings
If your hearing date is approaching, preparation matters.
Know the Local Rules.
Local Rule 13 governs emergency applications and ex parte requests. Always have an affidavit of notice prepared.Provide Notice Through Every Channel.
Call, email, and send certified mail to the opposing party. Judges appreciate diligence and transparency.Keep Petitions and Motions Separate.
The petition begins the case; the motion requests specific relief. Mixing the two can cause procedural issues.Be Ready for a Bond.
A civil injunction bond protects the opposing party and must often equal the value of the property.Bring the Right Witnesses.
The vehicle owner must attend and be ready to testify. Lawyers cannot testify for their clients.Consider Language and Interpretation Needs.
If English is not your first language, request a translator.Have a Draft Order Ready.
Judges often expect the prevailing party to provide an order for signature.Document Everything.
Bring copies of all filings, notices, and proof of ownership.Expect Scheduling Flexibility.
Hearings occur when the judge’s docket allows. Stay flexible and communicate with the clerk.Once Litigation Starts, Service Oklahoma Must Pause the Title 42 Process.
The agency may require a signed court order, but it must hold any pending application once litigation is active.
Preventing Future Title 42 Problems
Update your registration and address after buying or selling a vehicle.
Contact a towing company immediately if your vehicle is impounded.
Request a written invoice for all towing and storage charges.
Do not ignore certified mail; it may be your only notice before a title transfer occurs.
Need Help With a Title 42 or Vehicle TRO in Oklahoma
If your vehicle has been towed and you need to stop a Title 42 lien or recover your property, Mendoza Law can help.
We represent clients across Oklahoma in:
Canceling or contesting Title 42 applications,
Filing and arguing TROs and injunctions for vehicles or other personal property,
Civil disputes with towing or storage companies, and
General litigation and small business matters.
Call (405) 726-0226 or visit tmendozalaw.com to schedule a consultation.
Prompt action can protect your rights and prevent permanent loss of your property.
Key Takeaway
Once a Title 42 application is filed, time is critical. Filing a verified petition and, if necessary, a temporary restraining order can preserve your ownership rights until the court resolves the dispute.