§ 1585.Joinder of Cause of Action For Debt - Stay of Judgment

Chapter 31: Replevin · Last amended May 26, 1951 · Last verified August 3, 2026

In one sentenceLets a replevin plaintiff join a debt claim secured by a lien on the replevied property with the replevin action, and stays judgment on that debt claim until the amount still owed after any lien sale of the property is determined.

Full Text of § 1585

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In any action for replevin in any court of this state, it shall be permissible for the plaintiff to join with the cause of action in replevin a cause of action founded on a debt claimed to be owing to the plaintiff if the debt shall be secured by a lien upon the property sought to be recovered in the cause of action in replevin. Upon the rendition of any judgment in replevin in any case wherein there shall be joined a cause of action from debt, judgment for such debt shall be stayed pending the determination of the amount thereof remaining due to plaintiff after any sale of the property pursuant to such liens.

End

Amendment History

Laws 1951, HB 333, p. 26, § 1, emerg. eff. 5/26/1951.

Plain-English Summary

Section 1585 lets a plaintiff combine two claims that would otherwise need separate lawsuits. If a debt owed to the plaintiff is secured by a lien on the property the plaintiff is trying to recover in replevin, the plaintiff may join the debt claim with the replevin claim in one action.

Once judgment is entered on a case joining both claims, judgment on the debt is stayed. The stay lasts until the amount still owed to the plaintiff is determined, after accounting for whatever the property brings in a sale under the lien.

Frequently Asked Questions

Can I sue for both replevin and an unpaid debt in the same case?

Yes, if the debt is secured by a lien on the property being replevied, the statute lets you join the debt claim with the replevin claim.

Does the debt judgment get entered right away?

No. Judgment on the debt is stayed pending determination of the amount still owed after any sale of the property under the lien.

Why would judgment on the debt need to wait?

Because the lien sale of the property affects how much of the debt remains unpaid, and the statute stays the debt judgment until that amount is worked out.

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: join debt claim with replevin oklahoma12 O.S. § 1585stay of judgment on secured debt replevinlien sale determine amount owed replevin case