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.
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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