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STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
SENATE BILL 956 By: Boren
AS INTRODUCED
An Act relating to civil procedure; amending 12 O.S.
2011, Section 759, as amended by S ection 1, Chapter
122, O.S.L. 2019 (12 O.S. Supp. 2020, Section 759),
which relates to filing and index of execution;
authorizing use of alternative valuation of certain
property; requiring payment of administrative fee
under certain circumstances; and pro viding an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 12 O.S. 2011, Section 759, as
amended by Section 1, Chapter 122, O.S.L. 2019 ( 12 O.S. Supp. 2020,
Section 759), is amended to read as follows:
Section 759. A. When a general execution is issued and placed
in the custody of a sheriff fo r levy, a certified copy of the
execution shall be filed in the office of the county clerk of the
county whose sheriff holds the execut ion and shall be indexed in the
same manner as judgments. At the time the execution is filed, the
court clerk shall coll ect from the party seeking a general execution
all fees necessary for the paym ent of the disinterested persons or a
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legal entity for services in appraising the su bject property
pursuant to the requirements of subsection B of this section.
B. If a general or special execution is levied upon lands and
tenements, the sheriff shall end orse on the face of the writ the
legal description and sh all have three disintereste d persons who
have taken an oath to impartially appraise the property levied on or
a legal entity which has provided a written affidavit of
impartiality, upon actual view; and the disinterested persons or
legal entity shall retur n to the officer a signed e stimate of the
real value of the property or the sheriff shall use the current
market value of the subject property appearing on public record in
the office of the county assessor . If an estimate is obtained from
a disinterested legal entity, such estimate shall be developed by
the legal entity using at leas t three independent, credible sources,
each of which has estimated the real value of the subject property
independently. The disinterested persons or legal entity shall be
paid for such services by the court clerk of the coun ty where the
property is located within thirty (30) days of the date t hat they
return their estimate of the real v alue of the property. The
sheriff shall be paid an administrative fee of Fi fty Dollars
($50.00) if the estimate is obt ained from the county a ssessor.
C. To extend a judgment lien beyond the initial or any
subsequent statutory period, prior to the expiration of such period,
a certified copy of one o f the following must be filed and indexed
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in the same manner as judgments in the off ice of the county clerk in
the county in which the statement of judgment was filed and the lien
thereof is sought to be retained:
1. A general execution upon the judgment;
2. A notice of renewal of judgment;
3. A garnishment summons issued against the j udgment debtor; or
4. A notice of income assignment sent to a payor of the
judgment debtor.
SECTION 2. This act shall become effective November 1, 2021.
58-1-669 TEK 1/21/2021 7:00:27 PM