Okla. Stat. tit. 12, § 12-812
This is the official text of Okla. Stat. tit. 12, § 12-812, 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 against clerk of court for refusal or neglect to
Official statutory text
pay over money - Notice.
A. If any clerk of a court shall neglect or refuse on demand
made by the person entitled thereto, his agent or attorney of
record, to pay over all money by him received in his official
capacity, for the use of such persons, 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 court clerk, detailing the alleged act or acts of negligence or
refusal to act. Said notice shall be served personally upon the
court clerk at least twenty (20) days before a petition is filed in
district court. The court clerk 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 court clerk 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, § 5181. Amended by Laws 1990, c. 185, § 2, eff. Sept. 1,
1990.
A. If any clerk of a court shall neglect or refuse on demand
made by the person entitled thereto, his agent or attorney of
record, to pay over all money by him received in his official
capacity, for the use of such persons, 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 court clerk, detailing the alleged act or acts of negligence or
refusal to act. Said notice shall be served personally upon the
court clerk at least twenty (20) days before a petition is filed in
district court. The court clerk 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 court clerk 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, § 5181. Amended by Laws 1990, c. 185, § 2, eff. Sept. 1,
1990.
Status: in_force · Read it on the official government site
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