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§ 736.Execution to Command Levy On Personalty Before Levy On Realty - Endorsement of Amount of Debt, Damages, and Costs On Execution

Chapter 13: Limitation of Actions · Not amended since adoption on record · Last verified August 3, 2026

In one sentenceSection 736 requires a writ of execution to direct the officer to seize the debtor's personal property before turning to real estate, and to have the judgment amount, damages, and costs endorsed on the writ itself.

Full Text of § 736

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The writ of execution against the property of the judgment debtor, issuing from any court of record in this state, shall command the officer to whom it is directed, that of the goods and chattels of the debtor he cause to be made the money specified in the writ; and for want of goods and chattels, he cause the same to be made of the lands and tenements of the debtor; and the amount of the debt, damages and costs, for which the judgment is entered, shall be endorsed on the execution.

Amendment History

R.L. 1910, § 5154.

Plain-English Summary

Section 736 tells the officer executing a writ what order to follow and what to write on the writ itself. The officer must first try to satisfy the judgment out of the debtor's goods and chattels; only if there aren't enough does the officer turn to the debtor's lands and tenements.

The writ must also carry the numbers: the amount of debt, damages, and costs the judgment awarded has to be endorsed on the execution, so the officer collects only what the judgment allows.

Frequently Asked Questions

Must an Oklahoma sheriff seize personal property before real estate?

Yes. Section 736 directs the officer to satisfy the judgment out of the debtor's goods and chattels first, and to reach land and tenements only if there aren't enough goods.

What has to be written on the execution itself?

The amount of the debt, damages, and costs the judgment awards, endorsed on the writ.

What if the debtor has no personal property to seize?

The officer moves on to the debtor's lands and tenements to satisfy the judgment.

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 execution personal property before real estatewrit of execution endorsement oklahoma12 O.S. § 736levy order goods before land oklahoma