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§ 1230.Bond to Discharge Attachment

Chapter 21: Garnishment and Attachment · Not amended since adoption on record · Last verified August 3, 2026

In one sentenceSection 1230 lets a defendant discharge an attachment before judgment by posting a bond, backed by county-resident sureties the court approves, in double the plaintiff's claimed amount, guaranteeing he'll satisfy any judgment, which also releases any garnishee holding his property.

Full Text of § 1230

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If the defendant, or other person on his behalf, at any time before judgment, cause an undertaking to be executed to the plaintiff, by one or more sureties, resident in the county, to be approved by the court, in double the amount of the plaintiff's claim as stated in his affidavit, to the effect that the defendant shall perform the judgment of the court, the attachment in such action shall be discharged, and restitution made of any property taken under it or the proceeds thereof. Such undertaking shall, also, discharge the liability of a garnishee in such action, for any property of the defendant in his hands.

Amendment History

R.L. 1910, § 4851.

Plain-English Summary

Any time before judgment, the defendant, or someone acting for him, can file an undertaking with the court, executed by one or more sureties who live in the county, promising the plaintiff that the defendant will perform whatever judgment the court enters. That bond has to run double the amount stated in the plaintiff's claim affidavit. Once the court approves it, the attachment is discharged, and any property taken under it, or its proceeds, comes back to the defendant.

The same bond also releases a garnishee in the action -- any liability he had for the defendant's property in his hands ends once the undertaking is filed.

Frequently Asked Questions

Can a defendant get attached property back before the case ends?

Yes, by filing a bond before judgment, guaranteeing he'll perform whatever judgment the court enters.

How big does this bond need to be?

Double the amount of the plaintiff's claim as stated in his affidavit.

Who can act as surety on this bond?

One or more sureties who reside in the county, approved by the court.

Does this bond release a garnishee too?

Yes -- it also discharges a garnishee's liability for the defendant's property he's holding in the same action.

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: bond to release attached property oklahomadischarge attachment before judgmentdouble the claim attachment bond12 O.S. § 1230