Oklahoma § 12-1152 - Attachment affidavit

§ 12-1152. Attachment affidavit

An order of attachment shall be issued by the judge of the court

in which the action is brought, when:

1. There is filed in the office of the court clerk an

application that the court issue an order of attachment which states

facts which show:

First, The nature of the plaintiff's claim;

Second, That it is just;

Third, The amount which the affiant believes the plaintiff ought

to recover; and,

Fourth, The existence of some one of the grounds for an

attachment enumerated in Section 1151 of this title.

2. The application must be verified by the plaintiff or, where

his agent or attorney has personal knowledge of the facts, by said

agent or attorney.

3. The defendant has been served with a notice, issued by the

clerk, which shall notify the defendant that an order of attachment

of property is requested and that he may object to the issuance of

Oklahoma Statutes - Title 12. Civil Procedure

such an order by a written objection which is filed with the court

clerk and mailed or delivered to the plaintiff's attorney within

five (5) days of the receipt of the notice. A copy of plaintiff's

application shall be attached to and served with the notice, and the

notice and application may be served with the summons in the action.

4. If no written objection is filed within the five-day period,

no hearing is necessary and the clerk may issue the order of

attachment. If a written objection is filed within the five-day

period, the court shall, at the request of either party, set the

matter for a prompt hearing with notice to the adverse party. If

the plaintiff proves the probable merit of his cause and the truth

of the matters asserted in his application for an order of

attachment, the court may issue the order of attachment. Provided,

however, before an order of attachment is issued by either the court

or the clerk, the plaintiff has executed an undertaking pursuant to

Section 1153 of this title.

5. If the court finds that the defendant cannot be given notice

as provided herein although a reasonable effort was made to notify

him, but at the hearing the plaintiff proves the probable merit of

his cause and the truth of the matters asserted in his application,

the court may issue the order of attachment. The defendant may

subsequently move to have the attachment vacated as provided in

Section 1241 of this title.

R.L. 1910, § 4813. Amended by Laws 1976, c. 87, § 1, emerg. eff.

May 4, 1976.