Okla. Stat. tit. 12A § 7-209

Current through Laws 2024, c. 453.

Section 7-209 - Lien of Warehouse

(a) A warehouse has a lien against the bailor on the goods covered by a warehouse receipt or storage agreement or on the proceeds thereof in its possession for charges for storage or transportation, including demurrage and terminal charges, insurance, labor, or other charges, present or future, in relation to the goods, and for expenses necessary for preservation of the goods or reasonably incurred in their sale pursuant to law. If the person on whose account the goods are held is liable for similar charges or expenses in relation to other goods whenever deposited and it is stated in the warehouse receipt or storage agreement that a lien is claimed for charges and expenses in relation to other goods, the warehouse also has a lien against the goods covered by the warehouse receipt or storage agreement or on the proceeds thereof in its possession for those charges and expenses, whether or not the goods have been delivered by the warehouse. However, as against a person to which a negotiable warehouse receipt is duly negotiated, a warehouse's lien is limited to charges in an amount or at a rate specified in the warehouse receipt or, if no charges are so specified, to a reasonable charge for storage of the specific goods covered by the receipt subsequent to the date of the receipt.

(b) A warehouse may also reserve a security interest against the bailor for the maximum amount specified on the receipt for charges other than those specified in subsection (a) of this section, such as for money advanced and interest. The security interest is governed by Article 9 of the Uniform Commercial Code.

(c) A warehouse's lien for charges and expenses under subsection (a) of this section or a security interest under subsection (b) of this section is also effective against any person that so entrusted the bailor with possession of the goods that a pledge of them by the bailor to a good faith purchaser for value would have been valid. However, the lien or security interest is not effective against a person that before issuance of a document of title had a legal interest or a perfected security interest in the goods and that did not:

(1) deliver or entrust the goods or any document of title covering the goods to the bailor or the bailor's nominee with:

(A) actual or apparent authority to ship, store, or sell;

(B) power to obtain delivery under Section 7-403 of this title; or

(C) power of disposition under Sections 2-403, 2A-304(2), 2A-305(2), 1-9-320, or 1-9-321(c) of the Uniform Commercial Code or other statute or rule of law; or

(2) acquiesce in the procurement by the bailor or its nominee of any document.

(d) A warehouse's lien on household goods for charges and expenses in relation to the goods under subsection (a) of this section is also effective against all persons if the depositor was the legal possessor of the goods at the time of deposit. In this subsection, "household goods" means furniture, furnishings, or personal effects used by the depositor in a dwelling.

(e) A warehouse loses its lien on any goods that it voluntarily delivers or unjustifiably refuses to deliver.

Okla. Stat. tit. 12A, § 7-209

Added by Laws 1961, SB 36, p. 143, § 7-209; Amended by Laws 1970, SB 232, c. 246, § 3; Amended by Laws 2005, HB 2035, c. 140, §14, eff. 1/1/2006; Amended by Laws 2008, SB 1708, c. 382, §20 (Laws 2008, SB 1708, c. 382 held unconstitutional and void by Weddington v. Henry, 2008 OK 102, 202 P.3d 143, and repealed by Laws 2009, SB 991, c. 208, §22, eff. 11/1/2009); Amended by Laws 2009, SB 991, c. 208, §20, eff. 11/1/2009.

Oklahoma Code Comment

Prior Statutory Provisions:

2 O.S. §§ 9-86 to 9- 91.

Text and derivation of prior provisions, see Appendix at end of this title.

Comment:

Former 2 O.S. §§ 9-86 through 9-91 have been combined and re-worded, but with no material change in substance. The primary purpose of the change in language is to distinguish between the statutory lien for storage and a security interest for separate advances made to the bailor.

(1) This subsection defines the statutory warehouseman's lien. As between the parties, it is effective as to all goods of the bailor which are held by the warehouseman, but as against a purchaser of the receipt, it is valid only as to the charges specified on the receipt, or if no charges are stated, only as to the reasonable charges on the goods covered by the receipt. This section is a combination of former 2 O.S. §§ 9-86, 9-87(a), 9 - 89, 9

(2) This section defines the warehouseman's security interest in goods on which he has made an advance. It is a re-wording of former 2 O.S. § 9-86, except that the provision that it is governed by Article 9 is new.

(3) This is a re-wording of former 2 O.S. § 9-87(b). The reference to Section 7-503 protects the owner of goods which have been stolen and placed in the warehouse by the thief or one claiming through the thief.

(4) Similar to former 2 O.S. § 9-88.

The provisions of former O.S. § 9-90, which provided that the warehouseman was not required to deliver the goods until a lien was satisfied, is omitted here as this is covered by Section 7-403.