Post-Judgment Attachments in Oklahoma
An attachment is the method of repossessing a person’s assets to fulfil a judgment. Essentially, you as the Judgment Creditor, are “attaching” the Judgment to the Judgment Debtor’s assets and therefore facilitating them to be compensation toward what is owed of the Judgment. In Oklahoma there are many various ways this can be completed, whether that be through garnishments, recording of judgments, or getting the court to order a Writ of Execution, which will be explained further in this article.
What is a Writ of Execution?
A “writ” is a court order to the Sheriff that serves to implement the Judgment by confiscating the Judgment Debtor’s personal property. When the Judgment Debtor is in possession of valuable property such as cash, there are systems in place that enforce the attachment against objects of value. First, the Judgment Creditor will complete an application for a writ to the Judge. When the Judge approves, the Judgment Creditor gives the signed writ to the Sheriff and pays fines applicable that the Sheriff may charge for such services. The next step involves the Sheriff executing on the writ according to its terms. The Sheriff’s authority is only limited to what the writ details. It may be specific, or it may be general, however it directs the Sheriff to confiscate whatever the writ defines.
What Does Recording a Judgment Mean?
Filing your Judgment with the County Clerk (not Court Clerk) in the same county the Judgment Debtor owns real property, is one of the easier forms of a Judgment. Doing so documents the Judgment with the land records to ensure that once someone views the title or deed to the Judgment Debtors real property, they will be informed of the Judgment filed with it. Once the land is bought/sold, the Judgment is the first thing to be paid. The only downside to this attachment is the process of waiting for the property to be sold. Without doing so, you will not be able to start your own foreclosure, except if the Judgment was approved regarding the property itself, such as mechanics’ lien.
Additionally, another attachment is Garnishments, which consist of a third-party in possession of the Judgment Debtor’s money to pay the Judgment Creditor. You can learn more information about that topic in our other blog titled What is a Garnishment?.
Your Options When Collecting on a Judgment:
Although there are many ways to collect on your Judgment, you want to find the best method for you and your situation. Call Aaron Bruner, Attorney at Law today to assess your situation and figure out the best next steps for you.