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§ 1244.No Judgment Until Claim Due

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

In one sentenceSection 1244 bars a plaintiff who attaches under Section 1243 from getting judgment on his claim before it's due, even though the attachment proceedings themselves can move forward right away.

Full Text of § 1244

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The plaintiff in such action shall not have judgment on his claim before it is due, but the proceedings on the attachment may be conducted without delay.

Amendment History

R.L. 1910, § 4865.

Plain-English Summary

Attaching a debtor's property early under Section 1243 doesn't fast-track the underlying claim. The plaintiff still can't get judgment on that claim before it becomes due. What can move without delay is the attachment proceeding itself.

Frequently Asked Questions

Can a plaintiff get judgment on a debt that isn't due yet, just because he attached the debtor's property?

No -- judgment on the claim itself has to wait until it's due.

Does the attachment process have to wait for the debt to become due?

No -- the attachment proceedings may be conducted without delay, separate from judgment on the underlying claim.

Why would a creditor bother attaching property on a debt that isn't due yet?

Section 1243 lets him do it to stop a debtor from fraudulently disposing of or removing property in the meantime, even though the underlying judgment has to wait.

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: judgment before debt is due oklahoma attachmentpremature judgment in fraudulent debtor attachment12 O.S. § 1244