§ 758.Further Levy When Property Taken Insufficient

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

In one sentenceSection 758 lets the party benefiting from a new writ of execution ask the issuing officer to add a command directing that, if property already taken but still unsold looks insufficient, the executing officer levy on additional property of the debtor to satisfy the debt.

Full Text of § 758

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When any writ shall issue, directing the sale of property previously taken in execution, the officer issuing said writ shall, at the request of the person entitled to the benefit thereof, his agent or attorney, add thereto a command to the officer to whom such writ shall be directed, that if the property remaining in his hands not sold shall, in his opinion, be insufficient to satisfy the judgment, he shall levy the same upon lands and tenements, goods and chattels, or either, as the law shall permit, being the property of the judgment debtor, sufficient to satisfy the debt.

End

Amendment History

R.L. 1910, § 5160.

Plain-English Summary

Sometimes one round of execution isn't enough. When a further writ issues to sell property already taken in an earlier execution, Section 758 lets the person entitled to the judgment's benefit ask the issuing officer to add a specific command: if the unsold property on hand looks insufficient to satisfy the judgment, the executing officer must levy on additional lands, goods, or chattels of the debtor to make up the difference.

Frequently Asked Questions

What happens if property already taken in execution isn't enough to satisfy the judgment?

The person entitled to the judgment's benefit can ask the issuing officer to add a command to a further writ, directing the officer to levy on additional property if what's on hand is insufficient.

Does this let the officer seize both land and personal property?

Yes. The command can direct a levy on lands and tenements, goods and chattels, or either, as the law allows.

Who decides whether the property on hand is insufficient?

The officer executing the writ, based on their own opinion of whether the remaining unsold property will satisfy the judgment.

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 levy insufficient property oklahomafurther execution oklahoma judgment12 O.S. § 758supplemental levy oklahoma execution