Okla. Stat. tit. 12, § 12-1152
This is the official text of Okla. Stat. tit. 12, § 12-1152, part of Oklahoma’s Stat. tit. 12, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 12,." Browse the sections below, each linked to its official government source.
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Attachment affidavit
Official statutory text
An order of attachment shall be issued by the judge of the court
in which the action is brought, when:
1. There is filed in the office of the court clerk an
application that the court issue an order of attachment which states
facts which show:
First, The nature of the plaintiff's claim;
Second, That it is just;
Third, The amount which the affiant believes the plaintiff ought
to recover; and,
Fourth, The existence of some one of the grounds for an
attachment enumerated in Section 1151 of this title.
2. The application must be verified by the plaintiff or, where
his agent or attorney has personal knowledge of the facts, by said
agent or attorney.
3. The defendant has been served with a notice, issued by the
clerk, which shall notify the defendant that an order of attachment
of property is requested and that he may object to the issuance of
Oklahoma Statutes - Title 12. Civil Procedure Page 231
such an order by a written objection which is filed with the court
clerk and mailed or delivered to the plaintiff's attorney within
five (5) days of the receipt of the notice. A copy of plaintiff's
application shall be attached to and served with the notice, and the
notice and application may be served with the summons in the action.
4. If no written objection is filed within the five-day period,
no hearing is necessary and the clerk may issue the order of
attachment. If a written objection is filed within the five-day
period, the court shall, at the request of either party, set the
matter for a prompt hearing with notice to the adverse party. If
the plaintiff proves the probable merit of his cause and the truth
of the matters asserted in his application for an order of
attachment, the court may issue the order of attachment. Provided,
however, before an order of attachment is issued by either the court
or the clerk, the plaintiff has executed an undertaking pursuant to
Section 1153 of this title.
5. If the court finds that the defendant cannot be given notice
as provided herein although a reasonable effort was made to notify
him, but at the hearing the plaintiff proves the probable merit of
his cause and the truth of the matters asserted in his application,
the court may issue the order of attachment. The defendant may
subsequently move to have the attachment vacated as provided in
Section 1241 of this title.
R.L. 1910, § 4813. Amended by Laws 1976, c. 87, § 1, emerg. eff.
May 4, 1976.
in which the action is brought, when:
1. There is filed in the office of the court clerk an
application that the court issue an order of attachment which states
facts which show:
First, The nature of the plaintiff's claim;
Second, That it is just;
Third, The amount which the affiant believes the plaintiff ought
to recover; and,
Fourth, The existence of some one of the grounds for an
attachment enumerated in Section 1151 of this title.
2. The application must be verified by the plaintiff or, where
his agent or attorney has personal knowledge of the facts, by said
agent or attorney.
3. The defendant has been served with a notice, issued by the
clerk, which shall notify the defendant that an order of attachment
of property is requested and that he may object to the issuance of
Oklahoma Statutes - Title 12. Civil Procedure Page 231
such an order by a written objection which is filed with the court
clerk and mailed or delivered to the plaintiff's attorney within
five (5) days of the receipt of the notice. A copy of plaintiff's
application shall be attached to and served with the notice, and the
notice and application may be served with the summons in the action.
4. If no written objection is filed within the five-day period,
no hearing is necessary and the clerk may issue the order of
attachment. If a written objection is filed within the five-day
period, the court shall, at the request of either party, set the
matter for a prompt hearing with notice to the adverse party. If
the plaintiff proves the probable merit of his cause and the truth
of the matters asserted in his application for an order of
attachment, the court may issue the order of attachment. Provided,
however, before an order of attachment is issued by either the court
or the clerk, the plaintiff has executed an undertaking pursuant to
Section 1153 of this title.
5. If the court finds that the defendant cannot be given notice
as provided herein although a reasonable effort was made to notify
him, but at the hearing the plaintiff proves the probable merit of
his cause and the truth of the matters asserted in his application,
the court may issue the order of attachment. The defendant may
subsequently move to have the attachment vacated as provided in
Section 1241 of this title.
R.L. 1910, § 4813. Amended by Laws 1976, c. 87, § 1, emerg. eff.
May 4, 1976.
Status: in_force · Read it on the official government site
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