§ 1241.Motion to Discharge Attachment

Chapter 21: Garnishment and Attachment · Last amended May 4, 1976 · Last verified August 3, 2026

In one sentenceSection 1241 lets a defendant move, before judgment and on reasonable notice, to discharge an attachment in whole or part, requires the hearing within five days of filing, and forces the court to grant the motion when the defendant had no actual notice unless the plaintiff proves his case's probable merit.

Full Text of § 1241

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The defendant may, at any time before judgment upon reasonable notice to the plaintiff, move to discharge an attachment, as to the whole or part of the property attached. A motion to discharge an attachment shall be heard promptly, and in any case within five (5) days after the date that it was filed. Where the defendant did not receive actual notice of the hearing, the court must grant his motion unless, at the hearing on defendant's motion, the plaintiff proves the probable merit of his cause and the truth of the averments in his application.

End

Amendment History

R.L. 1910, § 4862; Amended by Laws 1976, HB 1927, c. 87, § 3, emerg. eff. 5/4/1976.

Plain-English Summary

A defendant may move, any time before judgment and on reasonable notice to the plaintiff, to discharge an attachment as to all or part of the property attached. The court must hear that motion promptly -- within five days of filing.

The statute protects a defendant who never got actual notice of the hearing: in that situation, the court must grant the motion unless the plaintiff proves, at the hearing, both the probable merit of his cause and the truth of what he swore to in his attachment application.

Frequently Asked Questions

How quickly must a motion to discharge an attachment be heard?

Within five days after it's filed.

Can a defendant challenge only part of the attached property?

Yes -- the motion may seek to discharge the attachment as to the whole or any part of the property attached.

What if the defendant never received notice of the hearing at all?

The court must grant the motion unless the plaintiff proves, at the hearing, the probable merit of his case and the truth of what he swore to in his attachment application.

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: motion to discharge attachment oklahomafive day hearing on attachment motionno actual notice attachment hearing12 O.S. § 1241