§ 1225.Duties of Receiver

Chapter 21: Garnishment and Attachment · Not amended since adoption on record · Last verified August 3, 2026

In one sentenceSection 1225 directs the receiver to take possession of the defendant's notes, accounts, and other evidence of debt seized in attachment, collect on them, and sue in his own name as receiver if needed, without cutting off any defense the debtor could otherwise raise.

Full Text of § 1225

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Such receiver shall take possession of all notes, due bills, books of account, accounts and all other evidences of debt that have been taken, by the sheriff or other officer, as the property of the defendant in attachment, and shall proceed to settle and collect the same. For that purpose, he may commence and maintain actions in his own name as such receiver; but in such actions no right of defense shall be impaired or affected.

End

Amendment History

R.L. 1910, § 4846.

Plain-English Summary

The receiver takes possession of all notes, due bills, books of account, accounts, and other evidence of debt that the sheriff or another officer seized as the defendant's property in the attachment, and proceeds to settle and collect them. Where collection requires a lawsuit, the receiver may commence and maintain it in his own name.

Suing through the receiver doesn't strip anyone of a defense -- the statute preserves whatever right of defense would otherwise apply in those actions.

Frequently Asked Questions

What does the receiver do with the defendant's notes and accounts?

Take possession of them and proceed to settle and collect them.

Can the receiver sue to collect on those accounts?

Yes -- he may commence and maintain actions in his own name as receiver.

Does suing through the receiver take away the debtor's defenses?

No. The statute says no right of defense is impaired or affected in such actions.

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: receiver collecting debts in attachment oklahomareceiver suing in his own namereceiver duties over notes and accounts12 O.S. § 1225