When the cause of action provided for in Section 811 or 812 of this title is for refusing to pay over money collected, the sheriff or other officer or court clerk shall not be liable for a greater sum than the amount so withheld.
§ 813.Action For Refusal to Pay Over Money - Amount Liable For
Chapter 13: Limitation of Actions · Last amended September 1, 1990 · Last verified August 3, 2026
In one sentenceSection 813 caps a sheriff's, officer's, or court clerk's liability in a Section 811 or 812 suit over withheld money at the amount withheld, no matter how much the aggrieved party claims to have lost.
Full Text of § 813
Amendment History
R.L. 1910, § 5182; Amended by Laws 1990, HB 2177, c. 185, § 3, eff. 9/1/1990.
Plain-English Summary
Section 813 puts a ceiling on damages in the narrow slice of Section 811 and 812 suits that involve refusing to pay over money already collected. In those cases, the sheriff, officer, or court clerk can't be held liable for more than the amount withheld.
Frequently Asked Questions
If I sue a sheriff for withholding my money under Section 811, can I recover more than what was withheld?
No. Section 813 limits liability in these refusal-to-pay-over suits to the amount withheld.
Does this cap apply to every claim against a sheriff or clerk?
No, it applies specifically to claims under Section 811 or 812 that concern refusing to pay over money already collected.
Does the cap apply to court clerks too, or only sheriffs?
Both. The text covers "the sheriff or other officer or court clerk."
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: cap on sheriff liability for withheld funds oklahomadamages limit refusal to pay over moneyhow much can I recover from sheriff withholding money