Oklahoma § 62-365.5 - Manner of paying money judgments

§ 62-365.5. Manner of paying money judgments

Money judgments against any county which, in counties with a

population in excess of six hundred thousand (600,000) persons,

hereby includes a jail trust created in Title 60 of the Oklahoma

Statutes whose sole beneficiary is the county, if approved by the

board of county commissioners or other municipal subdivisions of the

State of Oklahoma shall be paid in the following manner, and may be

Oklahoma Statutes - Title 62. Public Finance

paid in no other manner. No payment shall be made until such

judgment is first spread on the budget for levy as to the first

third thereof, and the levy or provision made therefor has become

final. Within thirty (30) days after the final determination of any

ad valorem tax protests as involve levy for judgments against the

county or any of its municipal subdivisions, or, if no protests be

filed, then after termination of the forty-day protest period, the

judgment creditor or attorney for the judgment creditor shall file

with the treasurer of such municipality a claim, in form as

prescribed by the State Auditor and Inspector, itemizing the

judgments to be paid, stating the principal sum thereof, any sums

paid thereon, and the balance due with interest computed on the

unpaid portion of the principal amount of each judgment. The

information required by the claim form shall be supplied by the

treasurer of the municipality or of the county, as the case may be.

Such treasurer shall thereupon canvass his or her sinking fund for

the purpose of ascertaining if there be in his or her sinking fund

for such municipality an amount of actual cash over and above the

amount of cash needed to pay all coupons and bonds matured and

maturing therein within the time such sinking fund will be

replenished from levies made or to be made for such judgment, or

judgments, he or she shall approve such claim in such amount as is

neither in excess of such claim nor in excess of the actual cash

reserve necessary for coupons and bonds as hereinbefore defined and

shall transmit it to the clerk of such municipality. For all

purposes of this act, the county clerk shall act for the county and

all townships and dependent school districts therein. Upon receipt

of such claim, the clerk shall audit the same against his or her own

records and, if found correct he or she shall approve the same and

return it to such treasurer, who shall pay the amount thereof out of

such sinking fund, to the clerk of the court out of which such

judgments issued. Upon receipt thereof such court clerk shall issue

his or her official receipt and deposit the funds in his or her

official depository account, and at the same time enter a credit in

each case involved in accordance with the claim previously made or

in ratio thereto; and thereafter, upon demand by the judgment

creditor or his or her assignee of record, he or she shall make

payment by his or her own official voucher in the same manner as in

other cases and credit the judgment roll of such judgment with the

amount of payment so made. No poundage or other fee shall be

charged or collected by the court clerk for monies received or paid

under the provisions of this act. If such claim can be only partly

paid, under this section, other claims shall be filed from time to

time thereafter, audited and paid in the same manner. No payment by

the court clerk shall be authorized to be made to the assignee of

any judgment unless such assignment, duly acknowledged, be first

entered of record in such case and on such judgment roll.

Oklahoma Statutes - Title 62. Public Finance

Added by Laws 1943, p. 145, § 5. Amended by Laws 1979, c. 30, §

101, emerg. eff. April 6, 1979; Laws 1994, c. 277, § 11; Laws 2020,

c. 83, § 3, emerg. eff. May 20, 2020.