In cases where a sheriff or other officer or court clerk may be subject to an action provided for in Section 811 or 812 of this title, and shall not have collected the amount of the original judgment, he shall be permitted to sue out an execution and collect the amount of said judgment, in the name of the original plaintiff, for his use.
§ 818.Officer Or Court Clerk Subject to Action For Neglect Or Refusal to Perform Certain Duties May Collect On Original Judgment
Chapter 13: Limitation of Actions · Last amended September 1, 1990 · Last verified August 3, 2026
In one sentenceSection 818 lets a sheriff, officer, or court clerk facing a Section 811 or 812 suit who hasn't yet collected the underlying judgment sue out an execution and collect that judgment amount in the original plaintiff's name for the officer's own benefit.
Full Text of § 818
Amendment History
R.L. 1910, § 5187; Amended by Laws 1990, HB 2177, c. 185, § 6, eff. 9/1/1990.
Plain-English Summary
Section 818 gives a defending officer a way to cut off exposure in a Section 811 or 812 suit. If the sheriff, officer, or court clerk hasn't collected the amount of the original judgment, that officer may sue out an execution and collect it in the name of the original plaintiff, keeping the proceeds for the officer's own use.
Frequently Asked Questions
If a sheriff is being sued for not collecting a judgment, can the sheriff still go collect it?
Yes. Section 818 lets the sheriff, officer, or court clerk sue out an execution in the original plaintiff's name and collect the judgment amount for the officer's own use.
Why would the officer collect the judgment for personal benefit?
Because the officer is defending a Section 811 or 812 suit over failing to collect it, and collecting the underlying judgment answers that exposure.
Whose name is used on the execution?
The original plaintiff's name, even though the officer collects the money for the officer's own use.
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: sheriff sue out execution original judgmentofficer collect judgment after neglect suit oklahomacourt clerk execution in plaintiff's name