Oklahoma § 12-811 - Action for officer's neglect or refusal - Notice

§ 12-811. Action for officer's neglect or refusal - Notice

A. If any sheriff or other officer shall refuse or neglect to

execute any writ of execution to him directed, which has come to his

hands, or shall neglect or refuse to sell any goods and chattels,

lands and tenements; or shall neglect to call an inquest and return

a copy thereof forthwith, to the clerk's office, or shall neglect to

return any writ of execution to the proper court on or before the

return day thereof, or shall neglect to return a just and perfect

inventory of all and singular the goods and chattels by him taken in

execution, unless the said sheriff or other officer shall return

that he has levied and made the amount of the debt, damages and

costs; or shall refuse or neglect, on demand, to pay over to the

plaintiff, his agent or attorney of record, all monies by him

collected or received for the use of said party at any time after

collecting or receiving the same, except as provided in Section 765

of this title, or shall neglect or refuse, on demand made by the

defendant, his agent or attorney of record, to pay over all monies

by him received for any sale made, beyond what is sufficient to

satisfy the writ or writs of execution, with interest and legal

Oklahoma Statutes - Title 12. Civil Procedure

costs, the party aggrieved by the alleged neglect or refusal may

file an action in district court to recover damages sustained.

B. Before an aggrieved party shall proceed in an action

pursuant to this section, the party shall serve written notice upon

the sheriff, detailing the alleged act or acts of negligence or

refusal to act. Said notice shall be served personally upon the

sheriff at least twenty (20) days before a petition is filed in

district court. The sheriff or other officer shall have twenty (20)

days from receipt of notice to perform the act which is the basis

for the alleged neglect or refusal to act or to respond as to reason

for failure to do so. If the sheriff performs the act required

within the twenty-day period no action for damages shall be

authorized.

Notice also shall be served upon the surety from whom the bond,

required by Section 167 of Title 19 of the Oklahoma Statutes, was

purchased. Proof of service of notice required by this subsection

shall be attached to the petition filed by the aggrieved party.

R.L. 1910, § 5180. Amended by Laws 1990, c. 185, § 1, eff. Sept. 1,

1990.