Pre- and Post-Judgment Remedies

"Various pre-judgment and post-judgment remedies are governed by TItle 12.

Grounds for attachment begin in §12-1151, listing conditions under which attachment may be applicable. Replevin sections begin at §12-1571.

Conditions for garnishment include sections §12-1170 - 1171 and beign by providing definitions. It then outlines right to garnishment and classes of garnishment, including pre-judgment. The following clauses describe the process of garnishment actions.

Under §12-727.1, added in 2004 and since updated, a formula for rates of pre-judgment and post-judgment interest is established. The statute provides that a contractually agreed interest rate may supercede these amounts, as long as it does not exceed the maximum legal rate.

A judgment will remain effective for five years without execution before it becomes dormant. A dormant judgment is a dead judgment that cannot be revived, and all related judgment liens will be lost. Therefore, a practitioner must, within that five-year period and every five years thereafter, take one of the four specified actions set forth in Okla. Stat. tit. 12, § 735. This renewal may be accomplished as simply as filing a Notice of Renewal of Judgment with the court clerk. Id. § 735(A)(2), (B)(2). These dormancy provisions even apply to foreign judgments filed in Oklahoma, although a creditor may re-file a foreign judgment as long as it is still good in the foreign jurisdiction. While homesteads are exempt from forced sale, judgment liens do apply to homesteads and the lien interest can be satisfied if the homestead is transferred or sold. Okla. Stat. tit. 12, § 706(B)(2) Moreover, judgment liens apply to property subsequently acquired in the county by the debtor. Id. § 706(B). So, even when the only real property owned by a debtor is the homestead, a judgment creditor can be well-served in filing a judgment lien. If the debt could be construed for personal, household, or family use (as opposed to commercial or business use), the Fair Debt Collection Practices Act, 15 U.S.C. §§ 1692-92p, could apply and will alter deadlines and remedies available for the collection action.

Foreign Judgements – Uniform Foreign Money-Judgements Recognition Act was repealed. New language below:

Oklahoma has enacted the Uniform Foreign-Country Money Judgments Recognition Act, Okla. Stat. tit. 12, §§718.1-718.12, 718a, which applies to judgements rendered in foreign states. If a foreign judgement meets the statutory requirements, it may be enforced in the same manner as judgements from sister states.