In an action to recover the possession of personal property, judgment for the plaintiff may be for the possession, or for the recovery of possession, or the value thereof in case a delivery cannot be had, and of damages for the detention. If the property has been delivered to the plaintiff, and the defendant claim a return thereof, judgment for the defendant may be for a return of the property, or the value thereof in case a return cannot be had, and damages for taking and withholding the same. The judgment rendered in favor of the prevailing party in such action may include a reasonable attorney fee to be set by the court, to be taxed and collected as costs.
§ 1580.Judgment - Damages - Attorney Fees
Chapter 31: Replevin · Last amended April 7, 1972 · Last verified August 3, 2026
In one sentenceSets the possible judgments in a replevin action -- possession or its value plus damages for detention if the plaintiff wins, or return of the property or its value plus damages if the defendant does -- and lets the prevailing party recover a reasonable attorney fee taxed as costs.
Full Text of § 1580
Amendment History
R.L. 1910, § 4807; Amended by Laws 1972, HB 1448, c. 173, §1, emerg. eff. 4/7/1972.
Plain-English Summary
Section 1580 sets what a court can award once a replevin case is decided. A winning plaintiff gets possession of the property, or its value if delivery isn't possible, plus damages for the time the defendant detained it. If the defendant instead wins and asks for the property back, the judgment can order its return, or its value if return isn't possible, plus damages for the taking and withholding.
Whichever party prevails, the judgment may also include a reasonable attorney fee, set by the court and taxed and collected as part of the costs.
Frequently Asked Questions
What can a plaintiff win in an Oklahoma replevin case?
Possession of the property, or its value if delivery can't be had, plus damages for the detention.
What can a defendant win if they prevail?
A return of the property, or its value if return can't be had, plus damages for the taking and withholding.
Can the winning side recover attorney's fees?
Yes. The judgment for the prevailing party may include a reasonable attorney fee, set by the court and taxed and collected as costs.
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: replevin judgment options oklahoma12 O.S. § 1580attorney fees in a replevin casedamages for wrongful detention of property oklahoma