A. If any sheriff or other officer shall refuse or neglect to execute any writ of execution to him directed, which has come to his hands, or shall neglect or refuse to sell any goods and chattels, lands and tenements; or shall neglect to call an inquest and return a copy thereof forthwith, to the clerk's office, or shall neglect to return any writ of execution to the proper court on or before the return day thereof, or shall neglect to return a just and perfect inventory of all and singular the goods and chattels by him taken in execution, unless the said sheriff or other officer shall return that he has levied and made the amount of the debt, damages and costs; or shall refuse or neglect, on demand, to pay over to the plaintiff, his agent or attorney of record, all monies by him collected or received for the use of said party at any time after collecting or receiving the same, except as provided in Section 765 of this title, or shall neglect or refuse, on demand made by the defendant, his agent or attorney of record, to pay over all monies by him received for any sale made, beyond what is sufficient to satisfy the writ or writs of execution, with interest and legal costs, the party aggrieved by the alleged neglect or refusal may file an action in district court to recover damages sustained.
§ 811.Action For Officer's Neglect Or Refusal - Notice
Chapter 13: Limitation of Actions · Last amended September 1, 1990 · Last verified August 3, 2026
In one sentenceSection 811 lets a person harmed by a sheriff's or officer's neglect or refusal to execute a writ, sell property, return an inventory, or turn over collected money sue in district court, but only after serving 20 days' written notice giving the officer a chance to act.
Full Text of § 811
B. Before an aggrieved party shall proceed in an action pursuant to this section, the party shall serve written notice upon the sheriff, detailing the alleged act or acts of negligence or refusal to act. Said notice shall be served personally upon the sheriff at least twenty (20) days before a petition is filed in district court. The sheriff or other officer shall have twenty (20) days from receipt of notice to perform the act which is the basis for the alleged neglect or refusal to act or to respond as to reason for failure to do so. If the sheriff performs the act required within the twenty-day period no action for damages shall be authorized.
Notice also shall be served upon the surety from whom the bond, required by Section 167 of Title 19 of the Oklahoma Statutes, was purchased. Proof of service of notice required by this subsection shall be attached to the petition filed by the aggrieved party.
Amendment History
R.L. 1910, § 5180; Amended by Laws 1990, HB 2177, c. 185, § 1, eff. 9/1/1990.
Plain-English Summary
Section 811 spells out exactly what counts as an actionable failure by a sheriff or other officer holding a writ of execution: refusing or neglecting to execute it, failing to sell the property taken, skipping the required inquest or inventory, missing the return day, or refusing on demand to hand over money collected for the plaintiff or surplus money owed back to the defendant. Anyone hurt by that neglect or refusal can sue in district court for damages.
But the suit can't come out of nowhere. The aggrieved party must first serve the sheriff with written notice detailing the alleged neglect at least 20 days before filing a petition, and the sheriff then has 20 days to perform the act or explain the failure. If the sheriff acts within that window, no damages suit is allowed. The same notice must also go to the surety on the sheriff's official bond under Section 167 of Title 19, with proof of both services attached to the petition.
Frequently Asked Questions
What sheriff conduct can trigger a lawsuit under Section 811?
It covers refusing or neglecting to execute a writ of execution, failing to sell property taken under it, failing to return an inventory or the writ on time, and refusing to hand over money collected or surplus sale proceeds on demand.
Can I sue the sheriff right away for failing to act?
No. You must first serve written notice detailing the neglect at least 20 days before filing, and the sheriff gets 20 days to perform the act or respond with a reason.
What happens if the sheriff fixes the problem within those 20 days?
No action for damages is then authorized.
Does anyone besides the sheriff need to get the notice?
Yes. Notice must also go to the surety on the bond required by Section 167 of Title 19, and proof of service on both must be attached to the petition.
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: suing sheriff for failing to execute writ oklahomasheriff neglect of duty lawsuit oklahomanotice before suing sheriff oklahomasheriff refuses to turn over collected money