From the time of the issuing of the order of attachment, the court shall be deemed to have acquired jurisdiction and to have control of all subsequent proceedings under the attachment; and if, after the issuing of the order, the defendant, being a person, should die, or a corporation, and its charter should expire by limitation, forfeiture or otherwise, the proceedings shall be carried on; but in all such cases, other than where the defendant was a foreign corporation, his legal representatives shall be made parties to the action.
§ 1239.Jurisdiction After Issuance of Order of Attachment - Proceedings Not Abated By Death Or Expiration of Charter, Etc
Chapter 21: Garnishment and Attachment · Not amended since adoption on record · Last verified August 3, 2026
In one sentenceSection 1239 gives the court jurisdiction over an attachment from the moment the order issues and keeps the proceeding alive even if the defendant dies or a corporate defendant's charter expires, requiring the defendant's legal representatives to be joined except when the defendant was a foreign corporation.
Full Text of § 1239
Amendment History
R.L. 1910, § 4860.
Plain-English Summary
The court's jurisdiction over an attachment, and control of everything that happens under it afterward, starts the moment the order of attachment issues. That jurisdiction survives the defendant. If the defendant is a person who dies, or a corporation whose charter expires by limitation, forfeiture, or otherwise, after the order issues, the proceedings carry on rather than abating.
Continuing the case still requires bringing in the right parties -- the defendant's legal representatives must be joined, except in the one situation where the defendant was a foreign corporation.
Frequently Asked Questions
When does the court get jurisdiction over an attachment?
From the time the order of attachment is issued, over all subsequent proceedings under it.
Does the attachment case end if the defendant dies?
No, the proceedings continue.
What happens if a corporate defendant's charter expires during the case?
The proceedings still carry on.
Does anyone need to be added to the case if the defendant dies or loses its charter?
Yes -- the defendant's legal representatives must be made parties, except when the defendant was a foreign corporation.
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: attachment survives defendant's death oklahomacorporate charter expiration attachmentjurisdiction over attachment proceedings12 O.S. § 1239