§ 1243.Action and Attachment Against Fraudulent Debtor

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

In one sentenceSection 1243 lets a creditor sue and attach a debtor's property before the debt is due when the debtor has fraudulently disposed of or is about to dispose of or remove property to hinder creditors, provided he first swears an affidavit establishing the claim and the ground relied on.

Full Text of § 1243

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Where a debtor has sold, conveyed or otherwise disposed of his property with the fraudulent intention of cheating or defrauding his creditors, or to hinder or delay them in the collection of their debts, or is about to make such sale or conveyance or disposition of his property with such fraudulent intent, or is about to remove his property or a material part thereof, with intent or to the effect of cheating or defrauding his creditors or of hindering or delaying them in the collection of their debts, a creditor may bring an action upon his claim before it is due, and have an attachment against the property of the debtor as in other cases; but before such attachment shall be issued or such action maintained, the plaintiff or his agent or attorney shall make oath in writing setting forth the grounds of such attachment as in other cases, and also showing the nature of plaintiff's claim that it is just, when the same will become due, and the existence of some one or more of the grounds for an attachment enumerated in this section.

End

Amendment History

R.L. 1910, § 4864.

Plain-English Summary

A creditor doesn't have to wait for a debt to come due if the debtor is playing games with his property. Where the debtor has sold, conveyed, or otherwise disposed of property with the fraudulent intent to cheat or defraud his creditors, or to hinder or delay collection, or is about to do any of that, or is about to remove property or a material part of it with that intent or effect, the creditor may bring an action on his claim before it's due and attach the debtor's property just as in other attachment cases.

That remedy comes with a condition. Before the attachment issues or the action proceeds, the plaintiff, his agent, or his attorney must swear a written oath setting out the grounds for attachment, showing that the claim is just, stating when it will become due, and establishing which of the fraud grounds listed in the section applies.

Frequently Asked Questions

Can you attach a debtor's property before your claim against him is even due?

Yes, if the debtor has sold or disposed of property with fraudulent intent to cheat creditors, or is about to do so or to remove property with that intent or effect.

What do you have to swear to before getting this type of attachment?

A written oath showing the claim is just, when it will become due, and which of the fraud grounds in the section applies.

Does the debtor have to have already sold the property?

No -- it's enough that he's about to make such a sale, conveyance, or disposition, or about to remove property, with the fraudulent intent or effect the section describes.

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: prejudgment attachment against fraudulent debtor oklahomaattaching property before a debt is duefraudulent conveyance attachment grounds12 O.S. § 1243