{"data":{"id":"us-ok/okla.-stat.-tit.-12-12-1152","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 12, § 12-1152","heading":"Attachment affidavit","body":"An order of attachment shall be issued by the judge of the court\n\nin which the action is brought, when:\n\n1. There is filed in the office of the court clerk an\n\napplication that the court issue an order of attachment which states\n\nfacts which show:\n\nFirst, The nature of the plaintiff's claim;\n\nSecond, That it is just;\n\nThird, The amount which the affiant believes the plaintiff ought\n\nto recover; and,\n\nFourth, The existence of some one of the grounds for an\n\nattachment enumerated in Section 1151 of this title.\n\n2. The application must be verified by the plaintiff or, where\n\nhis agent or attorney has personal knowledge of the facts, by said\n\nagent or attorney.\n\n3. The defendant has been served with a notice, issued by the\n\nclerk, which shall notify the defendant that an order of attachment\n\nof property is requested and that he may object to the issuance of\n\nsuch an order by a written objection which is filed with the court\n\nclerk and mailed or delivered to the plaintiff's attorney within\n\nfive (5) days of the receipt of the notice. A copy of plaintiff's\n\napplication shall be attached to and served with the notice, and the\n\nnotice and application may be served with the summons in the action.\n\n4. If no written objection is filed within the five-day period,\n\nno hearing is necessary and the clerk may issue the order of\n\nattachment. If a written objection is filed within the five-day\n\nperiod, the court shall, at the request of either party, set the\n\nmatter for a prompt hearing with notice to the adverse party. If\n\nthe plaintiff proves the probable merit of his cause and the truth\n\nof the matters asserted in his application for an order of\n\nattachment, the court may issue the order of attachment. Provided,\n\nhowever, before an order of attachment is issued by either the court\n\nor the clerk, the plaintiff has executed an undertaking pursuant to\n\nSection 1153 of this title.\n\n5. If the court finds that the defendant cannot be given notice\n\nas provided herein although a reasonable effort was made to notify\n\nhim, but at the hearing the plaintiff proves the probable merit of\n\nhis cause and the truth of the matters asserted in his application,\n\nthe court may issue the order of attachment. The defendant may\n\nsubsequently move to have the attachment vacated as provided in\n\nSection 1241 of this title.\n\nR.L. 1910, § 4813. Amended by Laws 1976, c. 87, § 1, emerg. eff.\n\nMay 4, 1976.","path":["OK Code","Title 12"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os12.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"d8bde6728fa50433aa04280c1f845243d51d3c193de97b02ba612bf4be47889b","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-12-12-1151","next":"us-ok/okla.-stat.-tit.-12-12-1153"},"notice":"GroundRules: Original legal text. Not legal advice."}