When the property attached is real property, the officer shall leave a copy of the order with the occupant, or, if there be no occupant, then a copy of the order shall be posted in a conspicuous place on the real property. Where it is personal property, and he can get possession, he shall take such into his custody, and hold it subject to the order of the court. When the property attached is real property, third parties shall not be affected until a copy of the attachment order and the legal description of the real property attached shall be filed and placed of record with the county clerk of the county where the real property is located.
§ 1159.Service of Order - Custody of Attached Property - Filing of Order
Chapter 21: Garnishment and Attachment · Last amended October 1, 1980 · Last verified August 3, 2026
In one sentenceSection 1159 tells the officer how to handle attached real and personal property, requiring a copy of the order for the occupant or posting when real property is attached, custody when personal property is taken, and recording with the county clerk before third parties are bound.
Full Text of § 1159
Amendment History
R.L. 1910, § 4820; Amended by Laws 1980, SB 379, c. 234, § 1, eff. 10/1/1980.
Plain-English Summary
Attaching real property and attaching personal property work differently. When the property is real estate, the officer leaves a copy of the attachment order with whoever occupies it, or, if nobody occupies it, posts the copy somewhere visible on the property. When the property is personal, the officer takes physical custody of it if possible, holding it subject to the court's order.
Real property attachments carry an extra step aimed at protecting third parties: a copy of the order and the property's legal description must be filed and recorded with the county clerk where the property sits before the attachment binds anyone besides the parties to the case.
Frequently Asked Questions
What does the officer do when attaching real property in Oklahoma?
Leave a copy of the attachment order with the occupant, or post it in a conspicuous place if there's no occupant.
What happens when the officer attaches personal property?
If the officer can get possession, the property goes into the officer's custody, held subject to the court's order.
Does an attachment on real property automatically bind other people who deal with the owner?
No. Third parties aren't affected until a copy of the order and the property's legal description are filed and recorded with the county clerk where the property is located.
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: attaching real property oklahomarecording attachment with county clerk12 O.S. § 1159