{"data":{"id":"us-ok/okla.-stat.-tit.-12-12-811","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 12, § 12-811","heading":"Action for officer's neglect or refusal - Notice","body":"A. If any sheriff or other officer shall refuse or neglect to\n\nexecute any writ of execution to him directed, which has come to his\n\nhands, or shall neglect or refuse to sell any goods and chattels,\n\nlands and tenements; or shall neglect to call an inquest and return\n\na copy thereof forthwith, to the clerk's office, or shall neglect to\n\nreturn any writ of execution to the proper court on or before the\n\nreturn day thereof, or shall neglect to return a just and perfect\n\ninventory of all and singular the goods and chattels by him taken in\n\nexecution, unless the said sheriff or other officer shall return\n\nthat he has levied and made the amount of the debt, damages and\n\ncosts; or shall refuse or neglect, on demand, to pay over to the\n\nplaintiff, his agent or attorney of record, all monies by him\n\ncollected or received for the use of said party at any time after\n\ncollecting or receiving the same, except as provided in Section 765\n\nof this title, or shall neglect or refuse, on demand made by the\n\ndefendant, his agent or attorney of record, to pay over all monies\n\nby him received for any sale made, beyond what is sufficient to\n\nsatisfy the writ or writs of execution, with interest and legal\n\ncosts, the party aggrieved by the alleged neglect or refusal may\n\nfile an action in district court to recover damages sustained.\n\nB. Before an aggrieved party shall proceed in an action\n\npursuant to this section, the party shall serve written notice upon\n\nthe sheriff, detailing the alleged act or acts of negligence or\n\nrefusal to act. Said notice shall be served personally upon the\n\nsheriff at least twenty (20) days before a petition is filed in\n\ndistrict court. The sheriff or other officer shall have twenty (20)\n\ndays from receipt of notice to perform the act which is the basis\n\nfor the alleged neglect or refusal to act or to respond as to reason\n\nfor failure to do so. If the sheriff performs the act required\n\nwithin the twenty-day period no action for damages shall be\n\nauthorized.\n\nNotice also shall be served upon the surety from whom the bond,\n\nrequired by Section 167 of Title 19 of the Oklahoma Statutes, was\n\npurchased. Proof of service of notice required by this subsection\n\nshall be attached to the petition filed by the aggrieved party.\n\nR.L. 1910, § 5180. Amended by Laws 1990, c. 185, § 1, eff. Sept. 1,\n\n1990.","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":"7b18b6f521db81c46335dd33d17831b57309e1b3f7abfd42b19d2ee2bb817d4e","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-12-12-81","next":"us-ok/okla.-stat.-tit.-12-12-812"},"notice":"GroundRules: Original legal text. Not legal advice."}