§ 757.Notice of Sale of Chattels - Acceptance of Bids - Inventory For Want of Bidders
Chapter 13: Limitation of Actions · Last amended June 2, 2025 · Last verified August 3, 2026
In one sentenceSection 757 sets the notice-and-sale procedure for levied goods and chattels: at least ten days' mailed or published notice before the sale, a required cash deposit from a winning bidder other than the execution creditor, and authority for the sheriff to run the sale through an online auction marketplace.
1.No goods or chattels levied upon by an officer pursuant to an execution issued by a court of record shall be sold unless the party causing the execution to be issued:
a.causes a written notice of sale executed by the sheriff describing the goods or chattels subject to sale and stating the date, time, and place where the sale shall occur and, if the sale is to utilize an online auction marketplace, stating the sale will be conducted through an online auction marketplace, the Internet address where bids may be entered, the date of the sale, and the time when bidding is scheduled to be open, to be mailed, by first-class mail, postage prepaid, to the judgment debtor, any holder of record of an interest in the property, and all other persons of whom the party causing the execution to be issued has notice who claim a lien or any interest in the goods or chattels, at least ten (10) days prior to the date of the sale, if the names and actual addresses of such persons are known,
b.causes public notice to be given of the date, time and place of sale, for at least ten (10) days before the day of sale. The notice shall be executed by the sheriff and shall state the name of any person having an interest in the property whose actual address is unknown, and shall designate the person or persons whose unknown successors are being notified. The notice shall be given by advertisement, published in some newspaper published in the county, or, in case no newspaper is published therein, by setting up advertisements in five public places in the county. Two advertisements shall be put up in the township where the sale is to be held, and
c.files in the case an affidavit of proof of mailing and of publication or posting.
2.A written notice of sale executed prior to November 1, 1987, by the party causing the execution to be issued but otherwise conforming to the provisions of this section shall, for all purposes, be deemed valid.
1.If a purchaser other than the party causing the execution to be issued, when required by the sheriff, fails to post cash or certified funds equal to ten percent (10%) of the amount bid for the property within twenty-four (24) hours of the sale, excluding Sundays and legal holidays, or otherwise fails to complete the sale, the sheriff may proceed with the sale and may accept the next highest bid.
2.When goods and chattels levied upon cannot be sold for want of bidders, the officer making such return shall affix a true and correct inventory of such goods and chattels to the execution, and the party causing such execution to be issued may thereupon sue out another writ of execution, directing the sale of the property levied upon as provided for in this section.
C.The sheriff may determine whether the sale provided for in this section shall utilize an online auction marketplace. All sales of goods and chattels conducted by a sheriff utilizing an online auction marketplace shall be conducted in accordance with the provisions of Section 4 of this act.
Amendment History
Amended by Laws 2025, c. 413,s. 1, eff. 6/2/2025.
Amended by Laws 2022, c. 326, s. 1, eff. 5/25/2022.
Amended by Laws 1986, HB 1838, c. 227, § 2, eff. 11/1/1986; Amended by Laws 1987, HB 1261, c. 189, § 1,
eff. 11/1/1987.
Plain-English Summary
Before a sheriff can sell levied goods and chattels, Section 757 requires real notice. The party who had the execution issued must mail written notice, describing the property and stating the sale's date, time, and place, to the judgment debtor and anyone else known to claim an interest, at least ten days before the sale. Public notice has to run at the same time, either published in a newspaper or posted in five public places in the county, for at least ten days, and the party must file an affidavit proving the mailing and publication happened.
Once the sale is set up, a winning bidder other than the execution creditor must post cash or certified funds equal to ten percent of the winning bid within twenty-four hours, excluding Sundays and legal holidays, or the sheriff can move on to the next-highest bid. If no one bids at all, the officer inventories the unsold goods and attaches that inventory to the writ, and the creditor can sue out another writ to try the sale again.
Subsection C lets the sheriff run the sale through an online auction marketplace, a method the rules in Section 776 govern in more detail.
Frequently Asked Questions
How much notice must be given before a sheriff's sale of personal property in Oklahoma?
At least ten days: mailed notice to the debtor and known interest holders, plus public notice by newspaper publication or posting in five public places in the county.
What happens if the winning bidder doesn't pay the required deposit?
If a bidder other than the execution creditor fails to post ten percent of the bid in cash or certified funds within twenty-four hours, excluding Sundays and legal holidays, the sheriff may accept the next-highest bid.
What if no one bids on the levied goods?
The officer inventories the unsold property and attaches the inventory to the writ, and the creditor can sue out another writ to try the sale again.
Can an Oklahoma sheriff sell levied goods through an online auction?
Yes. Subsection C lets the sheriff use an online auction marketplace, with the details governed by Section 776.
Are older sale notices still valid if they don't exactly match this section's requirements?
Yes, for notices the execution party issued before November 1, 1987, so long as they otherwise conformed to this section, subsection A.2 deems them valid.
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:notice requirements sheriff sale personal property oklahomahow much deposit sheriff sale oklahoma12 O.S. § 757online auction execution sale oklahoma goods