An order of attachment shall be issued by the judge of the court in which the action is brought, when:
§ 1152.Attachment Affidavit
Chapter 21: Garnishment and Attachment · Last amended May 4, 1976 · Last verified August 3, 2026
In one sentenceSection 1152 sets the procedure for getting an order of attachment: a verified application showing one of the statutory grounds, notice to the defendant with five days to object, and a hearing if the defendant objects.
Full Text of § 1152
1. There is filed in the office of the court clerk an application that the court issue an order of attachment which states facts which show:
First, The nature of the plaintiff's claim;
Second, That it is just;
Third, The amount which the affiant believes the plaintiff ought to recover; and,
Fourth, The existence of some one of the grounds for an attachment enumerated in Section 1151 of this title.
2. The application must be verified by the plaintiff or, where his agent or attorney has personal knowledge of the facts, by said agent or attorney.
3. The defendant has been served with a notice, issued by the clerk, which shall notify the defendant that an order of attachment of property is requested and that he may object to the issuance of such an order by a written objection which is filed with the court clerk and mailed or delivered to the plaintiff's attorney within five (5) days of the receipt of the notice. A copy of plaintiff's application shall be attached to and served with the notice, and the notice and application may be served with the summons in the action.
4. If no written objection is filed within the five-day period, no hearing is necessary and the clerk may issue the order of attachment. If a written objection is filed within the five-day period, the court shall, at the request of either party, set the matter for a prompt hearing with notice to the adverse party. If the plaintiff proves the probable merit of his cause and the truth of the matters asserted in his application for an order of attachment, the court may issue the order of attachment. Provided, however, before an order of attachment is issued by either the court or the clerk, the plaintiff has executed an undertaking pursuant to Section 1153 of this title.
5. If the court finds that the defendant cannot be given notice as provided herein although a reasonable effort was made to notify him, but at the hearing the plaintiff proves the probable merit of his cause and the truth of the matters asserted in his application, the court may issue the order of attachment. The defendant may subsequently move to have the attachment vacated as provided in Section 1241 of this title.
Amendment History
R.L. 1910, § 4813; Amended by Laws 1976, HB 1927, c. 87, § 1, emerg. eff. 5/4/1976.
Plain-English Summary
Before a court issues an order of attachment, Section 1152 requires a verified application on file that lays out the nature and justice of the plaintiff's claim, the amount the plaintiff believes is owed, and one of the grounds listed in Section 1151. The plaintiff or an attorney with personal knowledge of the facts must verify it.
The defendant gets notice from the clerk that attachment has been requested and five days from receiving it to file a written objection with the court clerk and mail or deliver a copy to the plaintiff's attorney. The notice, with the application attached, can go out along with the summons. If no objection arrives in time, the clerk may issue the order without a hearing. If one does arrive, the court holds a hearing on request, and issues the order only if the plaintiff proves the claim's probable merit and the truth of the application, and only after posting the bond Section 1153 requires. Even when the defendant can't be found despite a reasonable effort, the court can still issue the order after that same showing of probable merit, though the defendant may later move to vacate it.
Frequently Asked Questions
How long does a defendant have to object to an attachment request in Oklahoma?
Five days from receiving the notice, filed in writing with the court clerk and mailed or delivered to the plaintiff's attorney.
What must the attachment application say?
It must state the nature of the plaintiff's claim, that the claim is just, the amount the plaintiff believes is owed, and which of the grounds listed in Section 1151 applies.
What happens if the defendant doesn't object within five days?
No hearing is required, and the clerk may issue the order of attachment.
Can a court issue an attachment order if the defendant can't be located?
Yes, if a reasonable effort to notify the defendant failed but the plaintiff proves the probable merit of the claim at a hearing; the defendant may later move to have the attachment vacated.
Is a bond required before an attachment order issues?
Yes. Section 1152 requires the plaintiff to have executed the undertaking described in Section 1153 before either the court or the clerk issues the order.
Source & verification. Section text is reproduced verbatim from
Title 12 of the Oklahoma Statutes, enacted by the Oklahoma Legislature.
Last verified August 3, 2026.
· Official source
Also known as: oklahoma attachment affidavit requirementshow to object to an attachment oklahomaattachment before judgment procedure oklahoma12 O.S. § 1152