§ 12-757 — Notice of sale of chattels - Acceptance of bids -

Oklahoma § 12-757

• Jurisdiction: Oklahoma
• Title 12: Civil Procedure

Text

Inventory for want of bidders. A. 1. No goods or chattels levied upon by an officer pursuant to an execution issued by a court of record shall be sold unless the party causing the execution to be issued: a. causes a written notice of sale executed by the sheriff describing the goods or chattels subject to sale and stating the date, time, and place where the sale shall occur and, if the sale is to utilize an online auction marketplace, stating the sale will be conducted through an online auction marketplace, the Internet address where bids may be entered, the date of the sale, and the time when bidding is scheduled to be open, to be mailed, by first-class mail, postage prepaid, to the judgment debtor, any holder of record of an interest in the property, and all other persons of whom the party causing the execution to be issued has notice who claim a lien or any interest in the goods or chattels, at least ten (10) days prior to the date of the sale, if the names and actual addresses of such persons are known, b. causes public notice to be given of the date, time and place of sale, for at least ten (10) days before the day of sale. The notice shall be executed by the sheriff and shall state the name of any person having an interest in the property whose actual address is unknown, and shall designate the person or persons whose unknown successors are being notified. The notice shall be given by advertisement, published in some newspaper published in the county, or, in case no newspaper is published therein, by setting up advertisements in five public places in the county. Two advertisements shall be put up in the township where the sale is to be held, and c. files in the case an affidavit of proof of mailing and of publication or posting. 2. A written notice of sale executed prior to November 1, 1987, by the party causing the execution to be issued but otherwise conforming to the provisions of this section shall, for all purposes, be deemed valid. B. 1. If a purchaser other than the party causing the execution to be issued, when required by the sheriff, fails to post cash or certified funds equal to ten percent (10%) of the amount bid for the property within twenty-four (24) hours of the sale, excluding Sundays and legal holidays, or otherwise fails to complete the sale, the sheriff may proceed with the sale and may accept the next highest bid. 2. When goods and chattels levied upon cannot be sold for want of bidders, the officer making such return shall affix a true and correct inventory of such goods and chattels to the execution, and the party causing such execution to be issued may thereupon sue out another writ of execution, directing the sale of the property levied upon as provided for in this section. C. The sheriff may determine whether the sale provided for in this section shall utilize an online auction marketplace. All sales of goods and chattels conducted by a sheriff utilizing an online auction marketplace shall be conducted in accordance with the provisions of Section 4 of this act.

Legislative History

R.L. 1910, § 5159. Amended by Laws 1986, c. 227, § 2, eff. Nov. 1, 1986; Laws 1987, c. 189, § 1, operative Nov. 1, 1987; Laws 2022, c. 326, § 1, emerg. eff. May 25, 2022; Laws 2025, c. 413, § 1, emerg. eff. May 28, 2025.