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§ 729.12.Enforcement of Provisional Remedies

Chapter 12: Judgment · Not amended since adoption on record · Last verified August 3, 2026

In one sentenceSection 729.12 lets a party seeking a writ, cost assessment, or bond in a foreign-money case convert the claim to United States dollars at the bank-offered spot rate from the day before filing, using a supporting affidavit, to run provisional remedies without affecting the eventual dollar equivalent for payment.

Full Text of § 729.12

Text sizeJump to: (A) (B) (C) (D)

A. Computations under this section are for the limited purposes of the section and do not affect computation of the United States dollar equivalent of the money of the judgment for the purpose of payment.
B. For the limited purpose of facilitating the enforcement of provisional remedies in an action, the value in United States dollars of assets to be seized or restrained pursuant to a writ of attachment, garnishment, execution or other legal process, the amount of United States dollars at issue for assessing costs, or the amount of United States dollars involved for a surety bond or other court-required undertaking, must be ascertained as provided in subsections C and D of this section.
C. A party seeking the process, costs, bond or other undertaking under subsection B of this section shall compute in United States dollars the amount of the foreign money claimed from a bank-offered spot rate prevailing at or near the close of business on the banking day next preceding the filing of a request or application for the issuance of process or for the determination of costs, or an application for a bond or other court-required undertaking.
D. A party seeking the process, costs, bond or other undertaking under subsection B of this section shall file with each request or application an affidavit or certificate executed in good faith by its counsel or a bank officer, stating the market quotation used and how it was obtained, and setting forth the calculation. Affected court officials incur no liability, after a filing of the affidavit or certificate, for acting as if the judgment were in the amount of United States dollars stated in the affidavit or certificate.

Amendment History

Added by Laws 1994, SB 634, c. 165, § 12, eff. 1/1/1995.

Plain-English Summary

Provisional remedies like attachment, garnishment, or execution need a dollar figure to work with, so this section lets a party seeking one convert the foreign-money claim into United States dollars for that limited purpose — computing costs, a bond amount, or the value of assets to be seized or restrained. The conversion uses the bank-offered spot rate prevailing at or near the close of business on the banking day before the request is filed.

The party seeking the remedy must file an affidavit or certificate, sworn by counsel or a bank officer, stating the market quotation used and how it was obtained. Court officials who rely on that filed affidavit face no liability for treating the judgment as being in the stated dollar amount. None of this changes how the eventual judgment gets converted to dollars for actual payment — that computation stays governed by the Act's other sections.

Frequently Asked Questions

Does converting a foreign-money claim to dollars for a writ of attachment change the final judgment amount?

No. Computations for provisional remedies are for the limited purposes of this section and don't affect the dollar equivalent used when the judgment is paid.

What has to be filed to support a bond or attachment request in a foreign-money case?

An affidavit or certificate from counsel or a bank officer stating the market quotation used and how it was calculated.

Which exchange rate applies when computing a bond amount in dollars?

The bank-offered spot rate prevailing at or near the close of business on the banking day before the request or application is filed.

Can a court clerk be held liable for relying on the affidavit's stated dollar amount?

No. Officials incur no liability for acting as if the judgment were in the dollar amount stated in the filed affidavit or certificate.

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 garnishment foreign currency claim oklahomabond amount foreign money claim conversion12 os 729.12