Any order for the delivery of property, issued under this article, without the affidavit and undertaking required, shall be set aside at the cost of the clerk issuing the same, and the plaintiff shall be liable, in damages, to the party injured.
§ 1584.Improper Issue of Order of Delivery
Chapter 31: Replevin · Last amended November 1, 2005 · Last verified August 3, 2026
In one sentenceVoids any replevin order of delivery issued without the required affidavit and undertaking, charges the cost of setting it aside to the clerk who issued it, and makes the plaintiff liable in damages to the party injured.
Full Text of § 1584
Amendment History
R.L. 1910, §4811; Amended by Laws 2005, SB 296, c. 192, §1, eff. 11/1/2005.
Plain-English Summary
Section 1584 polices the paperwork the earlier sections require. If an order of delivery issues without the affidavit and undertaking the statute demands, it gets set aside, and the clerk who issued it -- not the parties -- bears that cost. Beyond having the order undone, the plaintiff also becomes liable in damages to whoever was injured by the improper order.
Frequently Asked Questions
What happens if a replevin order issues without the required bond?
It's set aside at the cost of the clerk who issued it, and the plaintiff becomes liable in damages to the party injured.
Who pays the cost of setting aside an improperly issued order?
The clerk who issued it, according to the statute.
Can the injured party recover damages beyond having the order set aside?
Yes. The plaintiff is liable in damages to the party injured by the improper order.
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: improperly issued replevin order oklahoma12 O.S. § 1584order of delivery without bond is voidclerk liable for improper replevin order