The court shall make proper orders for the preservation of the property during the pendency of the suit; it may direct a sale of property, when, because of its perishable nature; or of the costs of keeping it, a sale will be for the benefit of the parties. In vacation, such sale may be ordered by the judge of the court. The sale shall be public, after such advertisement as is prescribed for the sale of like property on execution, and shall be made in such manner and upon such terms of credit, with security, as the court or judge, having, regard to the probable duration of the action, may direct. The proceeds, if collected by the sheriff, with all the monies received by him from garnishees, shall be held and paid over by him, under the same requirement and responsibility of himself and sureties, as are provided in respect to money deposited in lieu of bail.
§ 1229.Disposition of Property
Chapter 21: Garnishment and Attachment · Not amended since adoption on record · Last verified August 3, 2026
In one sentenceSection 1229 lets the court, or a judge in vacation, order a public sale of attached property before final judgment when its perishable nature or the cost of keeping it makes a sale better for the parties, with the sheriff holding the proceeds under the same accountability as bail money.
Full Text of § 1229
Amendment History
R.L. 1910, § 4850.
Plain-English Summary
The court issues orders to preserve attached property while the suit is pending, but it may direct a sale instead when the property's perishable nature, or the cost of keeping it, means selling serves the parties better. A judge can order that sale during vacation. The sale must be public, advertised the same way as a sale of similar property on execution, with the manner, credit terms, and security the court or judge sets, taking into account how long the case is likely to run.
Sale proceeds the sheriff collects, together with any money he receives from garnishees, are held and paid over by him under the same requirements and personal responsibility -- for himself and his sureties -- that apply to money deposited in lieu of bail.
Frequently Asked Questions
Can attached property be sold before the case is over?
Yes -- the court or judge may order a sale when the property's perishable nature or the cost of keeping it makes a sale beneficial to the parties.
Does the sale have to be public?
Yes, after the same advertisement required for selling similar property on execution.
What happens to the money from the sale?
The sheriff holds and pays it over, along with any money he receives from garnishees, under the same rules and personal responsibility that apply to money deposited in lieu of bail.
Who sets the terms of the sale?
The court or judge, weighing how long the case is likely to take, sets the manner and credit terms, with security.
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: selling perishable attached property oklahomaattachment sale proceeds custodypublic sale of attached property before judgment12 O.S. § 1229