§ 756.Redelivery to Defendant, When - Undertaking

Chapter 13: Limitation of Actions · Not amended since adoption on record · Last verified August 3, 2026

In one sentenceSection 756 lets an officer holding levied goods that remain unsold, for lack of bidders, lack of time to advertise, or another reasonable cause, take a secured undertaking from the defendant promising to produce the property at a later, properly noticed sale.

Full Text of § 756

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In all cases where a sheriff or other officer shall, by virtue of an execution, levy upon any goods and chattels which shall remain upon his hands unsold, for want of bidders, for the want of time to advertise and sell, or any other reasonable cause, the officer may, for his own security, take of the defendant an undertaking, with security, in such sum as he may deem sufficient, to the effect that the said property shall be delivered to the officer holding an execution for the sale of the same, at the time and place appointed by said officer, either by notice, given in writing, to said defendant in execution, or by advertisement published in a newspaper printed in the county, naming therein the day and place of sale. If the defendant shall fail to deliver the goods and chattels at the time and place mentioned in the notice to him, given, or to pay to the officer holding the execution the full value of said goods and chattels, or the amount of said debt and costs, the undertaking, given as aforesaid, may be proceeded on as in other cases.

End

Amendment History

R.L. 1910, § 5158.

Plain-English Summary

Levied goods don't always sell right away. Section 756 covers what happens when property an officer has seized sits unsold, for lack of bidders, lack of time to advertise, or another reasonable cause. The officer can take an undertaking from the defendant, backed by security, requiring the property to be produced at a later sale, either on written notice to the defendant or by newspaper advertisement naming the day and place.

If the defendant doesn't produce the goods, or doesn't pay their value or the debt and costs, the undertaking can be enforced like any other bond.

Frequently Asked Questions

What happens if levied goods can't be sold right away?

The officer can take a secured undertaking from the defendant promising to produce the property at a later, properly noticed sale.

How is the defendant notified of that later sale?

Either by written notice or by newspaper advertisement stating the day and place.

What if the defendant doesn't hand over the goods at the appointed time?

The undertaking can be proceeded on like any other bond, and the defendant may instead pay the property's value or the debt 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: undertaking unsold levied goods oklahomasheriff sale postponed oklahoma12 O.S. § 756redelivery bond execution oklahoma