Oklahoma § 12-844 - Arrest of debtor in danger of leaving state, concealing

§ 12-844. Arrest of debtor in danger of leaving state, concealing

himself or transferring assets - Undertaking - Commitment.

When by affidavit of the judgment creditor or otherwise it shall

be made to appear to the satisfaction of the judge of any court of

record having civil jurisdiction in a county wherein the defendant

may be arrested, that there is danger of the judgment debtor leaving

the state, or of concealing himself, or of his removal or transfer

of his assets outside the state, the judge shall issue a warrant

requiring the sheriff of the county to arrest the judgment debtor

and bring him before such judge. Upon being brought before the

judge, the judgment debtor shall be examined on oath and other

witnesses on either side may be summoned by the judge and examined

upon oath. If on such examination, it appears that the judgment

debtor has in his possession or under his control property which he

unjustly refuses to apply to the satisfaction of the creditor's

judgment, the judge may order application thereof as provided in 12

O.S. 1961, Section 850. In addition, if it shall clearly appear on

the examination that there is danger of the judgment debtor leaving

the state or of his removing or transferring his property therefrom,

the judge shall order him to enter into an undertaking, in such sum

as the judge may prescribe with one or more sureties that he will

from time to time attend for examination before the judge or a

referee as may be directed. In default of entering into such an

undertaking, he may be committed to the jail of the county, by

warrant of the judge, as for contempt.

R.L. 1910, § 5192. Amended by Laws 1965, c. 300, § 3.