Okla. Stat. tit. 59, § 59-1322
This is the official text of Okla. Stat. tit. 59, § 59-1322, part of Oklahoma’s Stat. tit. 59, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 59,." Browse the sections below, each linked to its official government source.
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Affidavit as to undertaking
Official statutory text
Oklahoma Statutes - Title 59. Professions and Occupations Page 1035
A. Every bondsman shall file with the undertaking an affidavit
stating whether or not the bondsman or anyone for the use of the
bondsman has been promised or has received any security or
consideration for the undertaking, and if so, the nature and
description of security and amount thereof, and the name of the
person by whom the promise was made or from whom the security or
consideration was received. Any willful misstatement in the
affidavit relating to the security or consideration promised or
given shall render the person making it subject to the same
prosecution and penalty as one who commits the felony of perjury, a
Class D1 felony offense punishable as provided for in subsections B
through F of Section 20N of Title 21 of the Oklahoma Statutes.
B. An action to enforce any indemnity agreement shall not lie
in favor of the surety against the indemnitor, except with respect
to agreements set forth in the affidavit. In an action by the
indemnitor against the surety to recover any collateral or security
given by the indemnitor, the surety shall have the right to retain
only the security or collateral as it mentioned in the affidavit
required by this section.
C. If security or consideration other than that reported on the
original affidavit is received after the affidavit is filed with the
court clerk, an amended affidavit shall be filed with the court
clerk indicating the receipt of security or consideration.
D. If a bondsman accepts a mortgage on real property as
collateral on a bond, the bondsman shall file a copy of the mortgage
with the bond within thirty (30) days of receipt of the mortgage.
The Commissioner shall have the authority to extend or waive this
requirement.
A. Every bondsman shall file with the undertaking an affidavit
stating whether or not the bondsman or anyone for the use of the
bondsman has been promised or has received any security or
consideration for the undertaking, and if so, the nature and
description of security and amount thereof, and the name of the
person by whom the promise was made or from whom the security or
consideration was received. Any willful misstatement in the
affidavit relating to the security or consideration promised or
given shall render the person making it subject to the same
prosecution and penalty as one who commits the felony of perjury, a
Class D1 felony offense punishable as provided for in subsections B
through F of Section 20N of Title 21 of the Oklahoma Statutes.
B. An action to enforce any indemnity agreement shall not lie
in favor of the surety against the indemnitor, except with respect
to agreements set forth in the affidavit. In an action by the
indemnitor against the surety to recover any collateral or security
given by the indemnitor, the surety shall have the right to retain
only the security or collateral as it mentioned in the affidavit
required by this section.
C. If security or consideration other than that reported on the
original affidavit is received after the affidavit is filed with the
court clerk, an amended affidavit shall be filed with the court
clerk indicating the receipt of security or consideration.
D. If a bondsman accepts a mortgage on real property as
collateral on a bond, the bondsman shall file a copy of the mortgage
with the bond within thirty (30) days of receipt of the mortgage.
The Commissioner shall have the authority to extend or waive this
requirement.
Status: in_force · Read it on the official government site
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