Okla. Stat. tit. 12, § 12-706

Execution of judgment - Effect of filing or recording a judgment -

Acceptance by county clerk.

Oklahoma Statutes - Title 12. Civil Procedure Page 118

A. Scope. This section applies to all judgments of courts of

record of this state, and judgments of courts of record of the

United States not subject to the registration procedures of the

Uniform Federal Lien Registration Act, which award the payment of

money, regardless of whether such judgments also include other

orders or relief.

B. Creation of Lien. A judgment to which this section applies

shall be a lien on the real estate of the judgment debtor within a

county only from and after a Statement of Judgment made by the

judgment creditor or the judgment creditor's attorney, substantially

in the form prescribed by the Administrative Director of the Courts,

has been filed in the office of the county clerk in that county.

1. Presentation of a Statement of Judgment and tender of the

filing fee, shall, upon acceptance by the county clerk, constitute

filing under this section.

2. A lien created pursuant to this section shall affect and

attach to all real property, including the homestead, of judgment

debtors whose names appear in the Statement of Judgment; however,

judgment liens on a homestead are exempt from forced sale pursuant

to Section 1 of Title 31 of the Oklahoma Statutes and Section 2 of

Article XII of the Oklahoma Constitution.

C. Judgment Index. A judgment index shall be kept by each

county clerk in which the name of each person named as a judgment

debtor in a Statement of Judgment filed with the county clerk shall

appear in alphabetical order.

1. It shall be the duty of the county clerk, immediately after

the filing of the Statement of Judgment, to make in the judgment

index a separate entry in alphabetical order of the name of each

judgment debtor named therein, which entry shall also contain the

name(s) of the judgment creditor(s), the name of the court which

granted the judgment, the number and style of the case in which the

judgment was filed, the amount of the judgment, including interest,

costs and attorney's fees if shown on the Statement of Judgment, the

date of the filing of the judgment with the court clerk of the court

which granted it, and the date of filing of the Statement of

Judgment with the county clerk.

2. It shall also be the duty of the county clerk, immediately

after the filing of a Release of Judgment Lien, to make a notation

in each entry in the judgment index made when any Statement of

Judgment was filed with respect to the judgment being released, of

the date of filing of the Release with the county clerk, the name of

the judgment creditor on whose behalf the Release is filed, and

whether the Release states that it is only a partial Release.

D. Execution of Judgment. Execution shall be issued only from

the court which granted the judgment being enforced.

E. Release of Lien of Judgment. The lien of a judgment upon

the real estate of judgment debtor in any county, which has not

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become unenforceable by operation of law, is released only upon the

filing in the office of the county clerk in that county of a Release

of Judgment Lien, or a copy thereof certified by the court clerk of

the court which granted the judgment.

1. A judgment lien may be released, in whole or in part, by

filing a Release of Judgment Lien with the county clerk by the

judgment creditor or his or her attorney.

a. A Release of Judgment Lien shall either recite the

name of the court which granted the judgment, the

number and style of the case, the name of each

judgment debtor with respect to whom the lien is being

released, the name of each judgment creditor in favor

of whom the lien was created, or otherwise adequately

identify the judgment lien being released and the

judgment debtor against whom the lien is indexed. The
Lien shall either recite the

name of the court which granted the judgment, the

number and style of the case, the name of each

judgment debtor with respect to whom the lien is being

released, the name of each judgment creditor in favor

of whom the lien was created, or otherwise adequately

identify the judgment lien being released and the

judgment debtor against whom the lien is indexed. The

Administrative Director of the Courts shall prescribe

a form of Release of Judgment which may be used at the

option of the judgment creditor.

b. If the release is only partial, it shall also contain

a description of the lands then being released from

the judgment lien or identify the particular judgment

debtors, if less than all, with respect to whom the

lien is then being released, or both, as the case may

be.

c. A Release of Judgment Lien may also be filed with the

court clerk of the court which granted the judgment

but filing with the court clerk does not release any

judgment lien created pursuant to this section.

2. The lien of any judgment which has been satisfied in full,

vacated or become dormant or otherwise unenforceable and which has

not been released by the judgment creditor shall be released by the

court upon written motion.

a. The motion shall be accompanied by an affidavit

stating the grounds for the motion, and shall contain

or be accompanied by a notice to the judgment creditor

that, if the judgment creditor does not file with the

court a response or objection to the motion within

fifteen (15) days after the mailing of a copy of the

motion to the judgment creditor, the court will order

the judgment lien released.

b. A copy of the motion shall be mailed by certified mail

by the party seeking release of the lien to the

judgment creditor at the last-known address of the

judgment creditor, and to the attorney of record of

the judgment creditor, if any. There shall be

attached to the filed motion, and to each copy of the

motion to be mailed, a Certificate of Mailing showing

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to whom copies of the motion were mailed, the

addresses to which they were mailed, and the date of

mailing.

c. If the judgment creditor does not file a response or

objection to the motion within fifteen (15) days after

the mailing of a copy of the motion, the court shall

order the judgment lien released.

d. When a judgment lien is ordered released by the court,

the court shall cause a Release of Judgment Lien, in

the form provided by the Administrative Director of

the Courts, to be prepared. Instructions shall be

printed on such form advising the judgment debtor to

file the Release in the office of the county clerk of

the county in which the real estate is situated in

order to obtain the release of the lien of the

judgment upon the real estate of the judgment debtor

in such county.

e. The party filing the motion for release shall pay all

costs of the proceeding and any recording fees.

F. Effect of Filing or Recording a Judgment. The filing or

recording of a judgment itself in the office of a county clerk on or

after October 1, 1993, shall not be effective to create a general

money judgment lien upon real estate, but a certified copy of a

judgment may be recorded in such office for the purpose of giving

notice of its contents whether or not recording is required by law.

G. Acceptance by County Clerk. The county clerk shall accept

for filing and file any Statement of Judgment or Release of Judgment

Lien without requiring any formalities of execution other than those

provided in this section.