Where a receiver is not appointed by the court or a judge thereof, the sheriff or other officer attaching the property, shall have all the powers and perform all the duties of a receiver appointed by the court or a judge, and may, if necessary, commence and maintain actions in his own name as such officer. He may be required to give security other than his official undertaking.
§ 1228.Sheriff to Act As Receiver - When
Chapter 21: Garnishment and Attachment · Not amended since adoption on record · Last verified August 3, 2026
In one sentenceSection 1228 makes the attaching sheriff or officer act as receiver by default when no receiver is appointed, giving him the same powers and duties, including the right to sue in his own name, and lets a court require extra security beyond his official bond.
Full Text of § 1228
Amendment History
R.L. 1910, § 4849.
Plain-English Summary
If no receiver gets appointed by the court or a judge, the sheriff or other officer who attached the property steps into that role automatically, with all the powers and duties a court-appointed receiver would have. That includes the right to commence and maintain actions in his own name as the attaching officer, if collecting the defendant's debts requires it.
His usual official bond doesn't necessarily cover this added role -- the statute allows a requirement that he give security beyond his official undertaking.
Frequently Asked Questions
What happens if no receiver is appointed in an attachment case?
The sheriff or other officer who attached the property takes on all the powers and duties of a receiver.
Can the sheriff sue to collect the defendant's debts in this role?
Yes -- he may commence and maintain actions in his own name as such officer, if necessary.
Does the sheriff's normal official bond cover this role?
Not necessarily -- he may be required to give security other than his official undertaking.
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: sheriff acting as receiver oklahomadefault receiver duties in attachment12 O.S. § 1228