Oklahoma § 59-1322

§ 59-1322.

Affidavit as to undertaking.

Oklahoma Statutes - Title 59. Professions and Occupations

A. Every bondsman shall file with the undertaking an affidavit

stating whether or not the bondsman or anyone for the use of the

bondsman has been promised or has received any security or

consideration for the undertaking, and if so, the nature and

description of security and amount thereof, and the name of the

person by whom the promise was made or from whom the security or

consideration was received. Any willful misstatement in the

affidavit relating to the security or consideration promised or

given shall render the person making it subject to the same

prosecution and penalty as one who commits the felony of perjury, a

Class D1 felony offense punishable as provided for in subsections B

through F of Section 20N of Title 21 of the Oklahoma Statutes.

B. An action to enforce any indemnity agreement shall not lie

in favor of the surety against the indemnitor, except with respect

to agreements set forth in the affidavit. In an action by the

indemnitor against the surety to recover any collateral or security

given by the indemnitor, the surety shall have the right to retain

only the security or collateral as it mentioned in the affidavit

required by this section.

C. If security or consideration other than that reported on the

original affidavit is received after the affidavit is filed with the

court clerk, an amended affidavit shall be filed with the court

clerk indicating the receipt of security or consideration.

D. If a bondsman accepts a mortgage on real property as

collateral on a bond, the bondsman shall file a copy of the mortgage

with the bond within thirty (30) days of receipt of the mortgage.

The Commissioner shall have the authority to extend or waive this

requirement.

Added by Laws 1965, c. 184, § 22, eff. Jan. 1, 1966. Amended by

Laws 1993, c. 170, § 4, eff. Sept. 1, 1993; Laws 1997, c. 133, §

510, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, § 371, eff.

July 1, 1999; Laws 2010, c. 222, § 62, eff. Nov. 1, 2010; Laws 2025,

c. 486, § 538, eff. Jan. 1, 2026.

NOTE: Laws 1998, 1st Ex.Sess., c. 2, § 23 amended the effective

date of Laws 1997, c. 133, § 510 from July 1, 1998, to July 1, 1999.