When by affidavit of the judgment creditor or otherwise it shall be made to appear to the satisfaction of the judge of any court of record having civil jurisdiction in a county wherein the defendant may be arrested, that there is danger of the judgment debtor leaving the state, or of concealing himself, or of his removal or transfer of his assets outside the state, the judge shall issue a warrant requiring the sheriff of the county to arrest the judgment debtor and bring him before such judge. Upon being brought before the judge, the judgment debtor shall be examined on oath and other witnesses on either side may be summoned by the judge and examined upon oath. If on such examination, it appears that the judgment debtor has in his possession or under his control property which he unjustly refuses to apply to the satisfaction of the creditor's judgment, the judge may order application thereof as provided in 12 O.S. 1961, Section 850. In addition, if it shall clearly appear on the examination that there is danger of the judgment debtor leaving the state or of his removing or transferring his property therefrom, the judge shall order him to enter into an undertaking, in such sum as the judge may prescribe with one or more sureties that he will from time to time attend for examination before the judge or a referee as may be directed. In default of entering into such an undertaking, he may be committed to the jail of the county, by warrant of the judge, as for contempt.
§ 844.Arrest of Debtor In Danger of Leaving State, Concealing Himself Or Transferring Assets - Undertaking - Commitment
Chapter 13: Limitation of Actions · Not amended since adoption on record · Last verified August 3, 2026
In one sentenceSection 844 lets a judge, on proof a judgment debtor may leave the state, hide, or move assets away, issue a warrant to arrest and examine the debtor under oath, apply withheld property to the judgment, or require an undertaking to keep appearing, on pain of jail for contempt.
Full Text of § 844
Amendment History
R.L. 1910, § 5192; Amended by Laws 1965, HB 928, c. 300, § 3.
Plain-English Summary
Section 844 answers a specific fear: that a judgment debtor with assets will disappear or move them beyond the court's reach before a creditor can collect. On an affidavit or other proof satisfying the judge that this danger is real, the judge issues a warrant directing the sheriff to arrest the debtor and bring the debtor in for examination under oath, with other witnesses examined the same way.
If that examination shows the debtor is unjustly withholding property from the judgment, the judge may order it applied to the judgment under Section 850. And if it clearly appears there's still danger the debtor will leave the state or move property out of it, the judge orders the debtor to post an undertaking, backed by sureties, to keep appearing for examination as directed. A debtor who won't post that undertaking can be committed to the county jail as for contempt.
Frequently Asked Questions
What can a creditor do if a judgment debtor is about to skip town with the money?
The creditor can show by affidavit that the debtor is in danger of leaving the state, hiding, or moving assets out of state, and the judge can issue a warrant to arrest the debtor and bring the debtor before the judge for examination under oath.
What happens after the debtor is brought before the judge?
The debtor is examined on oath, other witnesses may be examined too, and if it appears the debtor is unjustly withholding property, the judge may order that property applied to the judgment under Section 850.
Can the debtor just be released after the hearing?
Only if the debtor posts an undertaking, backed by sureties, promising to keep appearing for examination as directed; otherwise the debtor can be committed to jail as for contempt.
Is this the same as debtor's prison for unpaid debts?
No. The text ties commitment to a refusal to post the required undertaking to keep appearing for examination, not to the debt itself.
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: arrest judgment debtor leaving state oklahomadebtor hiding assets oklahoma remedywarrant to examine judgment debtorundertaking to appear for examination oklahoma