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§ 1153.Attachment Bonds

Chapter 21: Garnishment and Attachment · Last amended May 4, 1976 · Last verified August 3, 2026

In one sentenceSection 1153 requires a plaintiff to post a bond worth at least double the claim before an attachment order issues, guaranteeing the defendant's damages and attorney's fees if the attachment turns out to be wrongful, except when the State of Oklahoma is the plaintiff.

Full Text of § 1153

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The order of attachment shall not be issued until an undertaking on the part of the plaintiff has been executed by one or more sufficient sureties, approved by the clerk and filed in his office, in a sum not less than double the amount of the plaintiff's claim, to the effect that the plaintiff shall pay to the defendant all damages that he may sustain by reason of the attachment, including reasonable attorney's fees, if the order be wrongfully obtained; but no undertaking shall be required where the State of Oklahoma is the party plaintiff.

Amendment History

R.L. 1910, § 4814; Amended by Laws 1923, SB 192, c. 73, p. 140, § 1; Amended by Laws 1976, HB 1927, c. 87, § 2, emerg. eff. 5/4/1976.

Plain-English Summary

An order of attachment can't issue until the plaintiff posts a bond, called an undertaking, approved by the clerk and backed by one or more sufficient sureties. The bond must run to at least double the amount of the plaintiff's claim, and it obligates the plaintiff to pay the defendant's damages, including reasonable attorney's fees, if the attachment turns out to have been wrongfully obtained.

The one exception: no bond is required when the State of Oklahoma is the plaintiff.

Frequently Asked Questions

How large a bond does a plaintiff need to attach a defendant's property in Oklahoma?

At least double the amount of the plaintiff's claim.

What does the attachment bond cover?

It covers the defendant's damages, including reasonable attorney's fees, if the attachment is later found to have been wrongfully obtained.

Does the State of Oklahoma have to post a bond to attach property?

No. Section 1153 exempts the State of Oklahoma from the bond requirement when it's the plaintiff.

Who approves the sureties on an attachment bond?

The court clerk approves the sureties, and the bond is filed in the clerk's office.

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 bond amountattachment undertaking requirements oklahomawrongful attachment damages oklahoma12 O.S. § 1153