§ 1235.Judgment For Plaintiff - How Satisfied - Surplus

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

In one sentenceSection 1235 directs how a judgment for the plaintiff is satisfied out of attached property -- by court-ordered sale under the same rules as an execution sale, applying the proceeds plus any garnishee recovery to the judgment and costs, with execution available for any shortfall and any surplus returned to the defendant.

Full Text of § 1235

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If judgment be rendered for the plaintiff, it shall be satisfied as follows: So much of the property remaining in the hands of the officer, after applying the monies arising from the sale of perishable property, and so much of the personal property and lands and tenements, if any, whether held by legal or equitable title, as may be necessary to satisfy the judgment, shall be sold by order of the court, under the same restrictions and regulations as if the same had been levied on by execution; and the money arising therefrom, with the amount which may be recovered from the garnishee, shall be applied to satisfy the judgment and costs. If there be not enough to satisfy the same, the judgment shall stand, and execution may issue thereon for the residue, in all respects as in other cases. Any surplus of the attached property or its proceeds shall be returned to the defendant.

End

Amendment History

R.L. 1910, § 4856.

Plain-English Summary

When the plaintiff wins, his judgment is satisfied first from whatever attached property remains in the officer's hands, after crediting money already raised from selling perishable property, and from personal property, lands, and tenements as needed. That property sells under court order, following the same restrictions and regulations as a sale on execution, and the proceeds -- along with anything recovered from a garnishee -- go toward the judgment and costs.

If that isn't enough, the judgment stands, and execution may issue for the balance just as in other cases. Any surplus left over from the attached property or its proceeds goes back to the defendant.

Frequently Asked Questions

How is a plaintiff's judgment paid out of attached property?

Property remaining in the officer's hands, plus proceeds already collected from selling perishable property, is sold under court order the same way property is sold on execution, and the proceeds go toward the judgment and costs.

What if the attached property doesn't cover the whole judgment?

The judgment stands, and execution may issue for the remaining balance, as in other cases.

What happens to money left over after the judgment is paid?

Any surplus of the attached property or its proceeds is returned to the defendant.

Does money recovered from a garnishee count toward the judgment too?

Yes -- it's applied along with the sale proceeds to satisfy the judgment and costs.

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: satisfying a judgment from attached property oklahomaattachment sale proceeds and surplusexecution for remaining judgment balance12 O.S. § 1235