A. If any clerk of a court shall neglect or refuse on demand made by the person entitled thereto, his agent or attorney of record, to pay over all money by him received in his official capacity, for the use of such persons, the party aggrieved by the alleged neglect or refusal may file an action in district court to recover damages sustained.
§ 812.Action Against Clerk of Court For Refusal Or Neglect to Pay Over Money - Notice
Chapter 13: Limitation of Actions · Last amended September 1, 1990 · Last verified August 3, 2026
In one sentenceSection 812 lets a person harmed when a court clerk refuses or neglects to hand over money the clerk received in an official capacity sue in district court, subject to the same 20-day notice-and-cure requirement that governs suits against sheriffs.
Full Text of § 812
B. Before an aggrieved party shall proceed in an action pursuant to this section, the party shall serve written notice upon the court clerk, detailing the alleged act or acts of negligence or refusal to act. Said notice shall be served personally upon the court clerk at least twenty (20) days before a petition is filed in district court. The court clerk 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 court clerk 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, § 5181; Amended by Laws 1990, HB 2177, c. 185, § 2, eff. 9/1/1990.
Plain-English Summary
Section 812 mirrors Section 811 but targets court clerks instead of sheriffs. If a clerk neglects or refuses, on demand, to pay over money the clerk received in an official capacity for someone's use, that person may sue the clerk in district court for damages.
The same notice-and-cure procedure applies: written notice served personally on the clerk at least 20 days before filing, a 20-day window for the clerk to perform or explain, and no damages suit if the clerk complies in time. Notice must also reach the surety on the clerk's bond required by Section 167 of Title 19, with proof of service on both attached to the petition.
Frequently Asked Questions
Can I sue a court clerk who won't release money owed to me?
Yes. If the clerk neglects or refuses on demand to pay over money received in an official capacity for your use, you may sue the clerk in district court for damages.
Do I need to warn the clerk before suing?
Yes. Serve written notice detailing the alleged neglect at least 20 days before filing, giving the clerk 20 days to perform the act or respond.
Is there a way to stop the suit once notice is served?
Yes. If the court clerk performs the required act within the 20-day window, no action for damages is authorized.
Who else must be served with this notice?
The surety on the bond required by Section 167 of Title 19, with proof of service on both the clerk and the surety 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
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