When an officer, executor or administrator within this state, by misconduct or neglect of duty, forfeits his bond or renders his sureties liable, any person injured thereby, or who is, by law, entitled to the benefit of the security, may bring an action thereon in his own name, against the officer, executor or administrator and his sureties, to recover the amount to which he may be entitled by reason of the delinquency. The action may be instituted and proceeded in on a certified copy of the bond, which copy shall be furnished by the person holding the original thereof.
§ 76.Action On Official Bond
Chapter 2: General Provisions · Not amended since adoption on record · Last verified August 3, 2026
In one sentenceSection 76 lets anyone injured by an officer's, executor's, or administrator's misconduct or neglect — or anyone entitled by law to the security's benefit — sue that person and the sureties on a certified copy of the bond, without needing the original.
Full Text of § 76
Amendment History
R.L. 1910, § 5349.
Plain-English Summary
Section 76 gives an injured party a direct path to recover on an official bond. When an officer, executor, or administrator forfeits a bond or makes the sureties liable through misconduct or neglect of duty, anyone hurt by it — or anyone the law entitles to the security's benefit — can sue in their own name against both the officer or fiduciary and the sureties.
The plaintiff doesn't need the original bond to bring the action. A certified copy, furnished by whoever holds the original, is enough to proceed on.
Frequently Asked Questions
Who can sue on an official's bond under this section?
Anyone injured by the officer's, executor's, or administrator's misconduct or neglect, or anyone the law entitles to the benefit of the security.
Do you need the original bond to bring the lawsuit?
No, a certified copy of the bond, furnished by whoever holds the original, is enough.
Who gets named as a defendant in this kind of action?
The officer, executor, or administrator and the sureties on the bond.
What triggers liability on the bond?
Misconduct or neglect of duty by the officer, executor, or administrator that forfeits the bond or makes the sureties liable.
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: sue on official bond Oklahomaaction against sheriff's or executor's bondcertified copy of bond lawsuitsurety liable for officer misconduct