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§ 737.Priority Among Executions

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

In one sentenceSection 737 sets priority among competing executions against the same debtor: writs issued in the same court term, within ten days of each other, or delivered the same day, share pro rata if funds fall short; otherwise the writ delivered first gets paid first.

Full Text of § 737

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When two or more writs of execution against the same debtor shall be sued out during the term in which judgment was rendered, or within ten (10) days thereafter, and when two or more writs of execution against the same debtor shall be delivered to the officer on the same day, no preference shall be given to either of such writs; but if a sufficient sum of money be not made to satisfy all such executions, the amount made shall be distributed to the several creditors in proportion to the amount of their respective demands. In all other cases, the writ of execution first delivered to the officer shall be first satisfied. And it shall be the duty of the officer to endorse on every writ of execution the time when he received the same; but nothing herein contained shall be so construed as to affect any preferable lien which one or more of the judgments, on which execution issued, may have on the lands of the judgment debtor.

Amendment History

R.L. 1910, § 5155.

Plain-English Summary

When more than one creditor chases the same debtor, Section 737 decides who gets paid first. Writs issued during the same court term as the judgment, or within ten days after, and writs delivered to the officer on the same day, all rank equally: if the officer can't raise enough money to cover them all, the proceeds split among the creditors in proportion to what each is owed.

Outside those same-day and same-term situations, priority runs by delivery: whichever writ reaches the officer first gets satisfied first, which is why the section requires the officer to endorse the time of receipt on every writ. None of this disturbs a preferable lien that a judgment already holds on the debtor's land.

Frequently Asked Questions

What happens when two creditors get executions against the same debtor around the same time?

If the writs were issued during the same court term, within ten days of each other, or delivered to the officer the same day, none gets preference; the proceeds split pro rata if there isn't enough to pay all of them.

What's the ten-day rule about?

Writs sued out within ten days of the term in which the judgment was rendered rank equally with each other; delivery order doesn't decide priority among them.

Does the officer have to record when a writ arrives?

Yes. Section 737 requires the officer to endorse the time of receipt on every writ, since delivery order decides priority outside the same-term and same-day situations.

Can this priority scheme override a lien a judgment already has on the debtor's land?

No. The section says nothing in it affects a preferable lien that one of the judgments already holds on the debtor's land.

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: priority among executions oklahomawhich creditor gets paid first execution oklahoma12 O.S. § 737multiple executions same debtor oklahoma