Okla. Stat. tit. 12, § 12-706.2

This is the official text of Okla. Stat. tit. 12, § 12-706.2, 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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Cash deposit on appeal from money judgment - Release of

Official statutory text

lien - Hearing.

In the event of an appeal from a money judgment granted by a

court of this state, the lien of such judgment, and any lien by

virtue of an attachment issued and levied in the action in which

such judgment was granted, shall cease when the judgment debtor or

debtors deposit with the clerk of the court in which such judgment

Oklahoma Statutes - Title 12. Civil Procedure Page 121

was granted cash sufficient to cover the whole amount of the

judgment, including interest, costs, and any attorney fees, together

with costs and interest on the appeal. This amount shall be

determined by court order upon application of the judgment debtor

indicating that such deposit is made to discharge the lien of the

judgment and any lien by virtue of an attachment issued and levied

in the action. The cash deposit shall be accompanied by the

statement of ownership required pursuant to Section 151.1 of Title

28 of the Oklahoma Statutes.

It shall be the duty of the judgment debtor to deliver the court

order of deposit to the court clerk, department head or supervisor.

Upon receipt of such a cash deposit, statement of ownership and an

order of the court directing deposit, it shall be the duty of the

court clerk to immediately record receipt of the order and the

amount of the cash deposit upon the appearance docket in the cause.

It also shall be the duty of the court clerk to place the cash

deposit in the court clerk’s official depository account and to hold

the deposit in an interest-bearing account, unless otherwise ordered

by the court, pending final determination of the action. The court

clerk shall mail notice of receipt of the cash deposit to counsel

for the judgment creditor or, if the judgment creditor is not

represented by counsel, to the judgment creditor at the last-known

address provided by the judgment debtor’s application. The notice

shall contain a statement that, if the judgment creditor does not

file with the court a response or objection to the cash deposit

within twenty (20) days after the mailing of the notice to the

judgment creditor, the judgment lien may be released. This

objection period shall not be extended because of mailing time or

for intervening weekends or holidays.

If no objection is filed with the court by the judgment creditor

within twenty (20) days after the mailing of the notice, the court

clerk, upon request of the judgment debtor, shall prepare a Release

of Judgment Lien for the judgment debtor on the form provided by the

Administrative Director of the Courts. Instructions shall be

printed on the Release of Judgment Lien 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. The lien of the judgment upon

real estate of the judgment debtor in a county shall be released

when the Release of Judgment Lien is filed in the office of the

county clerk of that county. The judgment debtor making the deposit

shall pay all costs and recording fees relating to the release

procedure.

Upon final determination of the appeal, the court may order the

deposit together with accrued interest to be applied to any final

judgment granted against the depositor or depositors, and refund any

balance in excess of the judgment to the depositor or depositors.

In the event judgment against the depositor or depositors is

Oklahoma Statutes - Title 12. Civil Procedure Page 122

reversed in its entirety, the whole amount of the cash deposit

together with accrued interest shall be refunded to the depositor or

depositors.

A judgment debtor may also apply to the district court where the

judgment was rendered for an order releasing a judgment lien to

permit a particular transfer of property otherwise subject to the

judgment lien on such terms as the court deems proper for the

protection of the parties. Such a release of judgment lien may be
with accrued interest shall be refunded to the depositor or

depositors.

A judgment debtor may also apply to the district court where the

judgment was rendered for an order releasing a judgment lien to

permit a particular transfer of property otherwise subject to the

judgment lien on such terms as the court deems proper for the

protection of the parties. Such a release of judgment lien may be

granted only upon notice to the judgment creditor and hearing, and

if granted the court shall endeavor to fully protect the rights of

the judgment creditor to the security otherwise afforded by the

judgment lien, for example, by determining the adequacy of

consideration for the property and directing that such consideration

be deposited into the court registry as security for the judgment.

Status: in_force · Read it on the official government site

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About this page: Statute text is reproduced from official government publishers via the Open US Law dataset (Vaquill AI, snapshot v2026.08, CC BY 4.0). Primary legislative text like this is public domain under the government-edicts doctrine (Georgia v. Public.Resource.Org, 2020). We link every section back to its official source so you can verify it independently.