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§ 1234.Discharge of Attachment - Proceedings

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

In one sentenceSection 1234 discharges the attachment and returns the property if the defendant wins the case, and lets a defendant who gets the attachment or garnishment lifted earlier by motion recover damages for wrongful attachment through a supplemental answer.

Full Text of § 1234

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If judgment be rendered in the action for the defendant the attachment shall be discharged and the property attached, or its proceeds, shall be returned to him. If the attachment or garnishment shall be discharged on motion prior to final judgment, the defendant may, upon proper supplemental answer, recover his damages, as in other cases for such wrongful attachment or garnishment.

Amendment History

R.L. 1910, § 4855.

Plain-English Summary

If the defendant wins the underlying action, the attachment is discharged and the property, or its proceeds, comes back to him. That's separate from what happens when an attachment or garnishment gets discharged earlier, on motion, before final judgment.

In that earlier scenario, the defendant may still recover damages for the wrongful attachment or garnishment, the same as in any other wrongful attachment case, but only after filing a proper supplemental answer.

Frequently Asked Questions

What happens to attached property if the defendant wins the case?

The attachment is discharged and the property, or its proceeds, is returned to him.

Can a defendant get damages for a wrongful attachment?

Yes -- if the attachment or garnishment is discharged on motion before final judgment, he may recover damages for it, as in other wrongful attachment cases.

Does the defendant need to do anything special to seek those damages?

Yes -- he has to file a proper supplemental answer.

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: wrongful attachment damages oklahomadischarge of attachment after judgmentsupplemental answer for attachment damages12 O.S. § 1234