Okla. Stat. tit. 12, § 12-811
This is the official text of Okla. Stat. tit. 12, § 12-811, 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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Action for officer's neglect or refusal - Notice
Official statutory text
A. If any sheriff or other officer shall refuse or neglect to
execute any writ of execution to him directed, which has come to his
hands, or shall neglect or refuse to sell any goods and chattels,
lands and tenements; or shall neglect to call an inquest and return
a copy thereof forthwith, to the clerk's office, or shall neglect to
return any writ of execution to the proper court on or before the
return day thereof, or shall neglect to return a just and perfect
inventory of all and singular the goods and chattels by him taken in
execution, unless the said sheriff or other officer shall return
that he has levied and made the amount of the debt, damages and
costs; or shall refuse or neglect, on demand, to pay over to the
plaintiff, his agent or attorney of record, all monies by him
collected or received for the use of said party at any time after
collecting or receiving the same, except as provided in Section 765
of this title, or shall neglect or refuse, on demand made by the
defendant, his agent or attorney of record, to pay over all monies
by him received for any sale made, beyond what is sufficient to
satisfy the writ or writs of execution, with interest and legal
Oklahoma Statutes - Title 12. Civil Procedure Page 160
costs, the party aggrieved by the alleged neglect or refusal may
file an action in district court to recover damages sustained.
B. Before an aggrieved party shall proceed in an action
pursuant to this section, the party shall serve written notice upon
the sheriff, detailing the alleged act or acts of negligence or
refusal to act. Said notice shall be served personally upon the
sheriff at least twenty (20) days before a petition is filed in
district court. The sheriff or other officer shall have twenty (20)
days from receipt of notice to perform the act which is the basis
for the alleged neglect or refusal to act or to respond as to reason
for failure to do so. If the sheriff performs the act required
within the twenty-day period no action for damages shall be
authorized.
Notice also shall be served upon the surety from whom the bond,
required by Section 167 of Title 19 of the Oklahoma Statutes, was
purchased. Proof of service of notice required by this subsection
shall be attached to the petition filed by the aggrieved party.
R.L. 1910, § 5180. Amended by Laws 1990, c. 185, § 1, eff. Sept. 1,
1990.
execute any writ of execution to him directed, which has come to his
hands, or shall neglect or refuse to sell any goods and chattels,
lands and tenements; or shall neglect to call an inquest and return
a copy thereof forthwith, to the clerk's office, or shall neglect to
return any writ of execution to the proper court on or before the
return day thereof, or shall neglect to return a just and perfect
inventory of all and singular the goods and chattels by him taken in
execution, unless the said sheriff or other officer shall return
that he has levied and made the amount of the debt, damages and
costs; or shall refuse or neglect, on demand, to pay over to the
plaintiff, his agent or attorney of record, all monies by him
collected or received for the use of said party at any time after
collecting or receiving the same, except as provided in Section 765
of this title, or shall neglect or refuse, on demand made by the
defendant, his agent or attorney of record, to pay over all monies
by him received for any sale made, beyond what is sufficient to
satisfy the writ or writs of execution, with interest and legal
Oklahoma Statutes - Title 12. Civil Procedure Page 160
costs, the party aggrieved by the alleged neglect or refusal may
file an action in district court to recover damages sustained.
B. Before an aggrieved party shall proceed in an action
pursuant to this section, the party shall serve written notice upon
the sheriff, detailing the alleged act or acts of negligence or
refusal to act. Said notice shall be served personally upon the
sheriff at least twenty (20) days before a petition is filed in
district court. The sheriff or other officer shall have twenty (20)
days from receipt of notice to perform the act which is the basis
for the alleged neglect or refusal to act or to respond as to reason
for failure to do so. If the sheriff performs the act required
within the twenty-day period no action for damages shall be
authorized.
Notice also shall be served upon the surety from whom the bond,
required by Section 167 of Title 19 of the Oklahoma Statutes, was
purchased. Proof of service of notice required by this subsection
shall be attached to the petition filed by the aggrieved party.
R.L. 1910, § 5180. Amended by Laws 1990, c. 185, § 1, eff. Sept. 1,
1990.
Status: in_force · Read it on the official government site
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