{"data":{"id":"us-ok/okla.-stat.-tit.-12-12-706","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 12, § 12-706","heading":"Scope of section - Creation of lien - Judgment index -","body":"Execution of judgment - Effect of filing or recording a judgment -\n\nAcceptance by county clerk.\n\nA. Scope. This section applies to all judgments of courts of\n\nrecord of this state, and judgments of courts of record of the\n\nUnited States not subject to the registration procedures of the\n\nUniform Federal Lien Registration Act, which award the payment of\n\nmoney, regardless of whether such judgments also include other\n\norders or relief.\n\nB. Creation of Lien. A judgment to which this section applies\n\nshall be a lien on the real estate of the judgment debtor within a\n\ncounty only from and after a Statement of Judgment made by the\n\njudgment creditor or the judgment creditor's attorney, substantially\n\nin the form prescribed by the Administrative Director of the Courts,\n\nhas been filed in the office of the county clerk in that county.\n\n1. Presentation of a Statement of Judgment and tender of the\n\nfiling fee, shall, upon acceptance by the county clerk, constitute\n\nfiling under this section.\n\n2. A lien created pursuant to this section shall affect and\n\nattach to all real property, including the homestead, of judgment\n\ndebtors whose names appear in the Statement of Judgment; however,\n\njudgment liens on a homestead are exempt from forced sale pursuant\n\nto Section 1 of Title 31 of the Oklahoma Statutes and Section 2 of\n\nArticle XII of the Oklahoma Constitution.\n\nC. Judgment Index. A judgment index shall be kept by each\n\ncounty clerk in which the name of each person named as a judgment\n\ndebtor in a Statement of Judgment filed with the county clerk shall\n\nappear in alphabetical order.\n\n1. It shall be the duty of the county clerk, immediately after\n\nthe filing of the Statement of Judgment, to make in the judgment\n\nindex a separate entry in alphabetical order of the name of each\n\njudgment debtor named therein, which entry shall also contain the\n\nname(s) of the judgment creditor(s), the name of the court which\n\ngranted the judgment, the number and style of the case in which the\n\njudgment was filed, the amount of the judgment, including interest,\n\ncosts and attorney's fees if shown on the Statement of Judgment, the\n\ndate of the filing of the judgment with the court clerk of the court\n\nwhich granted it, and the date of filing of the Statement of\n\nJudgment with the county clerk.\n\n2. It shall also be the duty of the county clerk, immediately\n\nafter the filing of a Release of Judgment Lien, to make a notation\n\nin each entry in the judgment index made when any Statement of\n\nJudgment was filed with respect to the judgment being released, of\n\nthe date of filing of the Release with the county clerk, the name of\n\nthe judgment creditor on whose behalf the Release is filed, and\n\nwhether the Release states that it is only a partial Release.\n\nD. Execution of Judgment. Execution shall be issued only from\n\nthe court which granted the judgment being enforced.\n\nE. Release of Lien of Judgment. The lien of a judgment upon\n\nthe real estate of judgment debtor in any county, which has not\n\nbecome unenforceable by operation of law, is released only upon the\n\nfiling in the office of the county clerk in that county of a Release\n\nof Judgment Lien, or a copy thereof certified by the court clerk of\n\nthe court which granted the judgment.\n\n1. A judgment lien may be released, in whole or in part, by\n\nfiling a Release of Judgment Lien with the county clerk by the\n\njudgment creditor or his or her attorney.\n\na. A Release of Judgment Lien shall either recite the\n\nname of the court which granted the judgment, the\n\nnumber and style of the case, the name of each\n\njudgment debtor with respect to whom the lien is being\n\nreleased, the name of each judgment creditor in favor\n\nof whom the lien was created, or otherwise adequately\n\nidentify the judgment lien being released and the\n\njudgment debtor against whom the lien is indexed. The\nLien shall either recite the\n\nname of the court which granted the judgment, the\n\nnumber and style of the case, the name of each\n\njudgment debtor with respect to whom the lien is being\n\nreleased, the name of each judgment creditor in favor\n\nof whom the lien was created, or otherwise adequately\n\nidentify the judgment lien being released and the\n\njudgment debtor against whom the lien is indexed. The\n\nAdministrative Director of the Courts shall prescribe\n\na form of Release of Judgment which may be used at the\n\noption of the judgment creditor.\n\nb. If the release is only partial, it shall also contain\n\na description of the lands then being released from\n\nthe judgment lien or identify the particular judgment\n\ndebtors, if less than all, with respect to whom the\n\nlien is then being released, or both, as the case may\n\nbe.\n\nc. A Release of Judgment Lien may also be filed with the\n\ncourt clerk of the court which granted the judgment\n\nbut filing with the court clerk does not release any\n\njudgment lien created pursuant to this section.\n\n2. The lien of any judgment which has been satisfied in full,\n\nvacated or become dormant or otherwise unenforceable and which has\n\nnot been released by the judgment creditor shall be released by the\n\ncourt upon written motion.\n\na. The motion shall be accompanied by an affidavit\n\nstating the grounds for the motion, and shall contain\n\nor be accompanied by a notice to the judgment creditor\n\nthat, if the judgment creditor does not file with the\n\ncourt a response or objection to the motion within\n\nfifteen (15) days after the mailing of a copy of the\n\nmotion to the judgment creditor, the court will order\n\nthe judgment lien released.\n\nb. A copy of the motion shall be mailed by certified mail\n\nby the party seeking release of the lien to the\n\njudgment creditor at the last-known address of the\n\njudgment creditor, and to the attorney of record of\n\nthe judgment creditor, if any. There shall be\n\nattached to the filed motion, and to each copy of the\n\nmotion to be mailed, a Certificate of Mailing showing\n\nto whom copies of the motion were mailed, the\n\naddresses to which they were mailed, and the date of\n\nmailing.\n\nc. If the judgment creditor does not file a response or\n\nobjection to the motion within fifteen (15) days after\n\nthe mailing of a copy of the motion, the court shall\n\norder the judgment lien released.\n\nd. When a judgment lien is ordered released by the court,\n\nthe court shall cause a Release of Judgment Lien, in\n\nthe form provided by the Administrative Director of\n\nthe Courts, to be prepared. Instructions shall be\n\nprinted on such form advising the judgment debtor to\n\nfile the Release in the office of the county clerk of\n\nthe county in which the real estate is situated in\n\norder to obtain the release of the lien of the\n\njudgment upon the real estate of the judgment debtor\n\nin such county.\n\ne. The party filing the motion for release shall pay all\n\ncosts of the proceeding and any recording fees.\n\nF. Effect of Filing or Recording a Judgment. The filing or\n\nrecording of a judgment itself in the office of a county clerk on or\n\nafter October 1, 1993, shall not be effective to create a general\n\nmoney judgment lien upon real estate, but a certified copy of a\n\njudgment may be recorded in such office for the purpose of giving\n\nnotice of its contents whether or not recording is required by law.\n\nG. Acceptance by County Clerk. The county clerk shall accept\n\nfor filing and file any Statement of Judgment or Release of Judgment\n\nLien without requiring any formalities of execution other than those\n\nprovided in this section.","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":"f1402765af0756d3130d5bc9686493e06f5917412bcd8f1c106f3bf97117856e","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-12-12-705","next":"us-ok/okla.-stat.-tit.-12-12-706.2"},"notice":"GroundRules: Original legal text. Not legal advice."}