§ 1240.Additional Security By Plaintiff

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

In one sentenceSection 1240 lets a defendant move, before judgment and on reasonable notice, for additional security from the plaintiff, and lets the court vacate the attachment and order the property returned if the plaintiff's surety has left the state or become insufficient and no new security is posted in time.

Full Text of § 1240

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The defendant may, at any time before judgment, after reasonable notice to the plaintiff, move the court for additional security on the part of the plaintiff; and if, on such motion, the court is satisfied that the surety in the plaintiff's undertaking has removed from this state, or is not sufficient for the amount thereof, it may vacate the order of attachment and direct restitution of any property taken under it, unless, in a reasonable time, to be fixed by the court, sufficient security be given by the plaintiff.

End

Amendment History

R.L. 1910, § 4861.

Plain-English Summary

A defendant isn't stuck with a plaintiff's original attachment bond forever. Any time before judgment, after giving the plaintiff reasonable notice, he may move the court for additional security. If the court is satisfied that the surety on the plaintiff's undertaking has moved out of state, or isn't sufficient for the amount, it may vacate the order of attachment.

Vacating the order means restitution of any property taken under it -- unless the plaintiff posts sufficient new security within whatever reasonable time the court sets.

Frequently Asked Questions

Can a defendant challenge the plaintiff's attachment bond after it's already approved?

Yes -- he may move for additional security any time before judgment, after giving the plaintiff reasonable notice.

When will the court vacate the attachment over this?

If it's satisfied the surety on the plaintiff's undertaking has left the state, or isn't sufficient for the amount, and the plaintiff doesn't post sufficient new security within the time the court sets.

What happens to the attached property if the attachment is vacated this way?

Restitution is directed -- the property taken under it is returned.

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: additional security from plaintiff attachment bond oklahomavacating attachment for insufficient surety12 O.S. § 1240