Okla. Stat. tit. 12, § 12-812: Action against clerk of court for refusal or neglect to

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.