Where several attachments are executed upon the same property, or the same persons are made garnishees, the court, on motion of any of the plaintiffs, may order a reference, to ascertain and report the amounts and priorities of the several attachments, or may determine any such amount and priorities without such reference.
§ 1238.Reference to Ascertain Priority of Attachments
Chapter 21: Garnishment and Attachment · Not amended since adoption on record · Last verified August 3, 2026
In one sentenceSection 1238 lets the court, on motion of any plaintiff, refer the question of competing attachments' amounts and priority to a referee, or decide those amounts and priorities itself without one.
Full Text of § 1238
Amendment History
R.L. 1910, § 4859.
Plain-English Summary
When several attachments hit the same property, or the same people end up as garnishees under more than one attachment, any of the plaintiffs may move the court to sort out how much each attachment is worth and which one comes first. The court can order a reference to ascertain and report those amounts and priorities, or it can determine them itself without bothering with a reference at all.
Frequently Asked Questions
What happens when several creditors attach the same property?
Any of the plaintiffs may move the court to sort out the amounts and priority of the different attachments.
Does the court have to appoint a referee to figure that out?
No -- the court may order a reference to ascertain and report the amounts and priorities, or determine them itself without one.
Does this apply to garnishments too?
Yes, it covers cases where the same persons are made garnishees under several attachments, not just attachments on the same property.
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: priority of multiple attachments oklahomacompeting attachment claims on same propertyreference to determine attachment priority12 O.S. § 1238