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SENATE FLOOR VERSION
March 1, 2022
COMMITTEE SUBSTITUTE
FOR
SENATE BILL NO. 956 By: Boren
An Act relating to levy on property; amending 12 O.S.
2021, Section 759, which relates to appraisement of
property; authorizing alternative method of valuation
of property under certain circumstances; allowing
sheriff to collect certain administrative fe e; and
providing an effecti ve date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 12 O.S. 2021, Section 759, is
amended to read as follows:
Section 759. A. When a general execution is issued and p laced
in the custody of a sheriff for levy, a certified copy of the
execution shall be filed i n the office of the county clerk of the
county whose sheriff holds the execution and shall be indexed in the
same manner as judgments. At the time the execution is filed, the
court clerk shall collect from the party seeking a general execution
all fees necessary for the paym ent of the disinterested per sons or a
legal entity for services in appraising the subject property
pursuant to the requirements of subsection B of this section.
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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 shall have three disinterested persons who
have taken an oath to impartially appraise t he property levied on or
a legal entity which has provided a written affidavit of
impartiality, upon actual view; and the disinterested person s or
legal entity shall return to the officer a signed estimate of the
real value of the property. 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, credibl e sources,
each of which has estimated the real value of the subject property
independently. The disinterested pe rsons or legal entity shall be
paid for such services by the court clerk of the county where t he
property is located within thirty (30) days o f the date that they
return their estimate of the real value of the property. If three
disinterested persons or a disinterested legal entity are not
available to appraise the property, the sheriff may use th e market
value of the property, not the assessed value, in a county where the
market value is included on the public re cord in the office of the
county assessor. The sheriff shall be pai d an administrative fee of
Fifty Dollars ($50.00) if the market value is obtained from the
county assessor.
C. To extend a judgment lien beyond the initial or any
subsequent statutory period, prior to the expiration of such period,
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a certified copy of o ne of the following must be filed and indexed
in the same manner as judgments in the office of t he 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 judgm ent;
2. A notice of renewal of judgment;
3. A garnishment summons issued against the judgment debtor; or
4. A notice of income assignment sent to a payor of the
judgment debtor.
SECTION 2. This act shall become effecti ve November 1, 2022.
COMMITTEE REPORT BY: COMMITTEE ON JUDICIARY
March 1, 2022 - DO PASS AS AMENDED