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§ 773.Payment to Defendant of Overplus After Sale

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

In one sentenceSection 773 requires the sheriff or other officer to pay the defendant, on demand, any money left over after an execution sale once the writ, interest, and costs are fully satisfied.

Full Text of § 773

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If, on any sale made as aforesaid, there shall be in the hands of the sheriff or other officer more money than is sufficient to satisfy the writ or writs of execution, with interest and costs, the sheriff or other officer shall, on demand, pay the balance to the defendant in execution.

Amendment History

R.L. 1910, § 5175.

Plain-English Summary

Section 773 handles money left over after a sale. If the sheriff or other officer collects more from an execution sale than it takes to satisfy the writ or writs, with interest and costs, the officer has to pay the extra to the defendant in execution once the defendant demands it.

Frequently Asked Questions

Who gets the extra money if a sheriff's sale brings in more than the judgment owed?

The defendant in execution, the debtor whose property was sold, on demand.

Does the officer have to pay the balance automatically, or only when asked?

Only on demand from the defendant, according to the text.

What gets paid off first before any overplus goes to the defendant?

The writ or writs of execution, along with interest and costs.

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
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