{"data":{"id":"us-ok/okla.-stat.-tit.-19-19-267","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 19, § 19-267","heading":"Sham legal process","body":"A. The county clerk may refuse to file any instrument presented\n\nfor filing if the clerk believes that the instrument constitutes\n\nsham legal process, as defined by Section 1533 of Title 21 of the\n\nOklahoma Statutes.\n\nB. 1. Any person aggrieved by the refusal of a county clerk to\n\nfile an instrument may petition the district court for a writ of\n\nmandamus to compel the county clerk to record the instrument.\n\n2. At the time of refusal, the person aggrieved shall file a\n\nnotice of refusal with the county clerk for the purpose of\n\npreserving priority of filing in the event the person prevails in\n\nany action so commenced, if the person wishes to preserve priority\n\nof filing. The refusal notice shall be submitted on a form provided\n\nby the county clerk, but must be filled out by the aggrieved party.\n\nA copy of the instrument that the clerk refused to file must be\n\nattached to the notice of refusal. The county clerk shall stamp the\n\ndate of refusal on the notice of refusal.\n\n3. The refusal notice shall be in the following form:\n\nSTATE OF OKLAHOMA\n\n__________ COUNTY\n\nNOTICE OF REFUSAL\n\nThe Office of County Clerk of __________ County, Oklahoma, has\n\non __________ (date) refused to file a document designated\n\n___________ (title of document or brief description of document).\n\nThe document constitutes a claim or lien on the following property:\n\n______________ _______________________________________________\n\n(Description of property. In case of real property, description\n\nmust be the legal description for the property.) A copy of the\n\nrefused document must be attached to this notice of refusal or the\n\nclerk cannot accept it for filing.\n\nSigned:_____________ Signed: ________________________\n\nCounty Clerk Aggrieved party or attorney\n\nfor aggrieved party\n\n_______County, Oklahoma\n\nAddress:__________________\n\n__________________________\n\n4. The action for mandamus must be filed with the district\n\ncourt within twenty (20) days after the notice of refusal is filed\n\nwith the county clerk. If the writ of mandamus is granted, the\n\ncourt clerk shall refund the fee for filing the action. Notice of\n\nthe pendency of a mandamus action filed pursuant to this section\n\nshall be filed in accordance with Section 2004.2 of Title 12 of the\n\nOklahoma Statutes. A file-stamped copy of the notice of the\n\npendency of the action, identifying the case and the court in which\n\nthe action is pending and the legal description of the land affected\n\nby the action shall be filed with the county clerk. If the court\n\ndetermines that the instrument is not sham legal process or is not\n\nfor the purpose of slandering title, the court shall order the\n\ncounty clerk to record the instrument. The court order shall\n\ninclude a notation of the book and page number of the index in which\n\nthe notice of refusal is located and a statement that abstractors\n\nshall not show the pages on which the attachment to the notice of\n\nrefusal is located in any abstract. For any instrument which the\n\ncourt orders to be filed pursuant to this subsection, the date of\n\nfiling shall be retroactive to the date the notice of refusal was\n\nfiled.\n\n5. If the court determines that the instrument is sham legal\n\nprocess, the court shall issue an order that abstractors shall not\n\nshow the pages of the index on which the attachment to the notice of\n\nrefusal is located in any abstract.\n\nC. If a county clerk files an instrument that is sham legal\n\nprocess or refuses to file an instrument because the clerk believes\n\nthe instrument is sham legal process, the clerk shall be immune from\n\nliability for such action in any civil suit.\n\nD. A clerk shall post a sign, in letters at least one (1) inch\n\nin height, that is clearly visible to the general public in or near\n\nthe clerk's office stating that it is a felony to intentionally or\n\nknowingly file or attempt to file sham legal process with the clerk.\nlerk believes\n\nthe instrument is sham legal process, the clerk shall be immune from\n\nliability for such action in any civil suit.\n\nD. A clerk shall post a sign, in letters at least one (1) inch\n\nin height, that is clearly visible to the general public in or near\n\nthe clerk's office stating that it is a felony to intentionally or\n\nknowingly file or attempt to file sham legal process with the clerk.\n\nFailure of the clerk to post such a sign shall not create a defense\n\nto any criminal or civil action based on sham legal process.","path":["OK Code","Title 19"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os19.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"033caf29ad94897f85732a6a0b5f928c512f8f798b4747ac37e98f58516e8601","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-19-19-266","next":"us-ok/okla.-stat.-tit.-19-19-268"},"notice":"GroundRules: Original legal text. Not legal advice."}