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§ 706.3.Additional Cash Deposits

Chapter 12: Judgment · Last amended October 1, 1993 · Last verified August 3, 2026

In one sentenceSection 706.3 lets a judgment creditor ask the trial court to order more cash deposited when a debtor's Section 706.2 appeal deposit falls short, and lets the creditor file a Statement of Judgment to create a lien if the debtor doesn't add the additional cash in time.

Full Text of § 706.3

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If during the appeal of a money judgment, money has been deposited by the judgment debtor pursuant to Section 706.2 of this title and the deposit has become insufficient, the judgment creditor may request the trial court to order the deposit of additional cash. The request shall be in the form of a written motion which shall recite the facts which support the request. If the court finds that the cash deposited is insufficient to cover the whole amount of the judgment, including interest, costs, and any attorneys fees, together with costs and interest on the appeal, the court shall order the deposit of additional cash. If the additional cash is not deposited within a reasonable time set by the court, the judgment creditor may thereafter file a Statement of Judgment, which shall create a lien effective upon its filing with the county clerk as provided in Section 706 of this title, and may enforce the judgment against the property of the judgment debtor including the cash previously deposited with the court clerk.

Amendment History

Laws 1955, HB 813, p. 135, § 2; Amended by Laws 1983, HB 1040, c. 56, §3, eff. 11/1/1983; Amended by Laws 1993, HB 1468, c. 351, §15, eff. 10/1/1993.

Plain-English Summary

A cash deposit that discharges a judgment lien under Section 706.2 doesn't always stay big enough — interest keeps running, costs keep adding up. Section 706.3 gives the judgment creditor a way to fix that: file a written motion explaining why the deposit has become insufficient, and ask the trial court to order the debtor to deposit more.

If the court agrees the deposit doesn't cover the full judgment, interest, costs, and fees, plus the appeal's own costs and interest, it orders additional cash deposited. If the debtor doesn't come up with it within the time the court sets, the creditor can go ahead and file a Statement of Judgment, creating a lien effective on filing with the county clerk under Section 706, and can then enforce the judgment against the debtor's property, including the cash already on deposit with the clerk.

Frequently Asked Questions

What can a judgment creditor do if the debtor's appeal deposit is no longer enough?

File a written motion with the trial court explaining why the deposit under Section 706.2 has become insufficient and asking for an order requiring more cash.

What happens if the debtor doesn't deposit the additional cash the court orders?

The judgment creditor may file a Statement of Judgment, creating a lien effective upon filing with the county clerk, and may enforce the judgment against the debtor's property, including the cash already deposited.

Does the court have to find the original deposit is insufficient before ordering more?

Yes, the court must find the cash on deposit doesn't cover the whole judgment, including interest, costs, and attorney fees, plus appeal costs and interest, before ordering an additional deposit.

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: Oklahoma additional cash deposit judgment appeal12 O.S. § 706.3insufficient appeal deposit Oklahomajudgment creditor motion more cash Oklahoma