If the officer, by virtue of an execution issued from any court of record in this state, shall levy the same on any goods and chattels claimed by any person other than the defendant, or be requested by the plaintiff to levy on any such goods and chattels, the officer may require the plaintiff to give him an undertaking, with good and sufficient securities to pay all costs and damages that he may sustain by reason of the detention or sale of such property; and until such undertaking shall be given, the officer may refuse to proceed as against such property.
§ 755.Property Claimed By Third Person - Plaintiff to Secure Officer
Chapter 13: Limitation of Actions · Not amended since adoption on record · Last verified August 3, 2026
In one sentenceSection 755 lets an officer who has levied on goods claimed by someone other than the defendant, or who the plaintiff asks to levy on such goods, demand a bonded undertaking from the plaintiff before proceeding further against that property.
Full Text of § 755
Amendment History
R.L. 1910, § 5157.
Plain-English Summary
Sometimes the goods an officer levies on don't belong to the debtor at all. Section 755 gives the officer a way to guard against that risk: if a third party claims the levied goods, or if the plaintiff asks the officer to levy on goods a third party claims, the officer can require the plaintiff to post a bonded undertaking, backed by sufficient sureties, covering the costs and damages the officer might face from detaining or selling that property.
Until the plaintiff posts that undertaking, the officer can refuse to move forward against the disputed property.
Frequently Asked Questions
What happens if someone other than the debtor claims the property a sheriff levied on?
The officer can require the plaintiff to post a bonded undertaking covering costs and damages before proceeding against that property.
Can the officer refuse to sell disputed property?
Yes, until the plaintiff gives the required undertaking.
Who has to arrange this security, the officer or the plaintiff?
The plaintiff. Section 755 lets the officer demand the undertaking from the plaintiff, not the third-party claimant.
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: third party claims levied property oklahomasheriff indemnity bond execution oklahoma12 O.S. § 755oklahoma execution third party ownership claim