{"data":{"id":"us-ok/okla.-stat.-tit.-12-12-706.2","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 12, § 12-706.2","heading":"Cash deposit on appeal from money judgment - Release of","body":"lien - Hearing.\n\nIn the event of an appeal from a money judgment granted by a\n\ncourt of this state, the lien of such judgment, and any lien by\n\nvirtue of an attachment issued and levied in the action in which\n\nsuch judgment was granted, shall cease when the judgment debtor or\n\ndebtors deposit with the clerk of the court in which such judgment\n\nwas granted cash sufficient to cover the whole amount of the\n\njudgment, including interest, costs, and any attorney fees, together\n\nwith costs and interest on the appeal. This amount shall be\n\ndetermined by court order upon application of the judgment debtor\n\nindicating that such deposit is made to discharge the lien of the\n\njudgment and any lien by virtue of an attachment issued and levied\n\nin the action. The cash deposit shall be accompanied by the\n\nstatement of ownership required pursuant to Section 151.1 of Title\n\n28 of the Oklahoma Statutes.\n\nIt shall be the duty of the judgment debtor to deliver the court\n\norder of deposit to the court clerk, department head or supervisor.\n\nUpon receipt of such a cash deposit, statement of ownership and an\n\norder of the court directing deposit, it shall be the duty of the\n\ncourt clerk to immediately record receipt of the order and the\n\namount of the cash deposit upon the appearance docket in the cause.\n\nIt also shall be the duty of the court clerk to place the cash\n\ndeposit in the court clerk’s official depository account and to hold\n\nthe deposit in an interest-bearing account, unless otherwise ordered\n\nby the court, pending final determination of the action. The court\n\nclerk shall mail notice of receipt of the cash deposit to counsel\n\nfor the judgment creditor or, if the judgment creditor is not\n\nrepresented by counsel, to the judgment creditor at the last-known\n\naddress provided by the judgment debtor’s application. The notice\n\nshall contain a statement that, if the judgment creditor does not\n\nfile with the court a response or objection to the cash deposit\n\nwithin twenty (20) days after the mailing of the notice to the\n\njudgment creditor, the judgment lien may be released. This\n\nobjection period shall not be extended because of mailing time or\n\nfor intervening weekends or holidays.\n\nIf no objection is filed with the court by the judgment creditor\n\nwithin twenty (20) days after the mailing of the notice, the court\n\nclerk, upon request of the judgment debtor, shall prepare a Release\n\nof Judgment Lien for the judgment debtor on the form provided by the\n\nAdministrative Director of the Courts. Instructions shall be\n\nprinted on the Release of Judgment Lien advising the judgment debtor\n\nto file the Release in the office of the county clerk of the county\n\nin which the real estate is situated. The lien of the judgment upon\n\nreal estate of the judgment debtor in a county shall be released\n\nwhen the Release of Judgment Lien is filed in the office of the\n\ncounty clerk of that county. The judgment debtor making the deposit\n\nshall pay all costs and recording fees relating to the release\n\nprocedure.\n\nUpon final determination of the appeal, the court may order the\n\ndeposit together with accrued interest to be applied to any final\n\njudgment granted against the depositor or depositors, and refund any\n\nbalance in excess of the judgment to the depositor or depositors.\n\nIn the event judgment against the depositor or depositors is\n\nreversed in its entirety, the whole amount of the cash deposit\n\ntogether with accrued interest shall be refunded to the depositor or\n\ndepositors.\n\nA judgment debtor may also apply to the district court where the\n\njudgment was rendered for an order releasing a judgment lien to\n\npermit a particular transfer of property otherwise subject to the\n\njudgment lien on such terms as the court deems proper for the\n\nprotection of the parties. Such a release of judgment lien may be\nwith accrued interest shall be refunded to the depositor or\n\ndepositors.\n\nA judgment debtor may also apply to the district court where the\n\njudgment was rendered for an order releasing a judgment lien to\n\npermit a particular transfer of property otherwise subject to the\n\njudgment lien on such terms as the court deems proper for the\n\nprotection of the parties. Such a release of judgment lien may be\n\ngranted only upon notice to the judgment creditor and hearing, and\n\nif granted the court shall endeavor to fully protect the rights of\n\nthe judgment creditor to the security otherwise afforded by the\n\njudgment lien, for example, by determining the adequacy of\n\nconsideration for the property and directing that such consideration\n\nbe deposited into the court registry as security for the judgment.","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":"68fceb5a980361f527315f6b4d565a2ccd686438155af03edd951ca0fcc2eb1a","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-12-12-706","next":"us-ok/okla.-stat.-tit.-12-12-706.3"},"notice":"GroundRules: Original legal text. Not legal advice."}