§ 775.Execution On Judgment In Favor of State - Purchase By State - Resale - Disposition of Funds Received

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

In one sentenceSection 775 lets the State of Oklahoma bid at its own execution sales up to the amount of its judgment, resell property it acquires that way, and directs the proceeds of that resale back into the fund the original judgment was meant to benefit.

Full Text of § 775

Text size

In all civil actions wherein the State of Oklahoma, as plaintiff, has heretofore or may hereafter recover judgment, and where, in any such action an execution has or may be issued, the State of Oklahoma, through the officer or officers on whose relation the action was brought, may bid at such execution sale, and buy said property offered for sale, for any amount not to exceed the amount of the judgment in such action, said amount to be credited upon the judgment. And further, when such property offered for sale at execution is bought by the State of Oklahoma, said property may be sold for the state by the officer or officers upon whose relation the state was party plaintiff, and further provided that at such execution sales the attorney or attorneys representing the State of Oklahoma may bid for the state, not to exceed the amount of the judgment, provided, however, that said bid is not more than One Hundred Dollars ($100.00) higher than the next best bid, and if there be no other bidder, then not to exceed One Hundred Dollars ($100.00).

And further provided that in disposing of such property so acquired, if it be personal property the officer or successor of the officer upon whose relation the State of Oklahoma was plaintiff may sell said property by executing a good and sufficient bill of sale, to be attested by the Secretary of State. And in disposing of real property so acquired or any interest or equity therein, the officer or successor in office on whose relation the state was party plaintiff may execute in the name of the State of Oklahoma by said officer a good and sufficient deed, to be attested by the Secretary of the State of Oklahoma. Provided, however, that in no event shall any sale be valid under this act for any amount less than the amount for which said property was originally bid in by the state. The funds obtained upon the sale of any such property shall be placed in the fund for which the judgment was obtained.

End

Amendment History

Laws 1941, HB 50, p. 37, § 1.

Plain-English Summary

Section 775 lets Oklahoma act as its own bidder. In any civil action where the state, as plaintiff, gets a judgment and has an execution issued on it, the officer or officers on whose relation the action was brought can bid at the execution sale on the state's behalf, up to the amount of the judgment, with the winning bid credited against that judgment. Property the state buys this way can then be resold for the state by that same officer or a successor.

The state's attorney can also bid at the sale, again up to the judgment amount, but that bid can't exceed the next-best bid by more than one hundred dollars, or, if there's no other bidder, can't exceed one hundred dollars at all. When the state later disposes of what it bought, personal property goes by a bill of sale attested by the Secretary of State, and real property by a deed executed in the state's name and attested the same way; no resale can go for less than what the state originally bid. The proceeds from any resale go back into the fund the original judgment was meant to benefit.

Frequently Asked Questions

Can the State of Oklahoma bid at a sheriff's sale to collect its own judgment?

Yes. Section 775 lets the officer on whose relation the action was brought bid for the state, up to the amount of the judgment, credited against that judgment.

Is there a cap on what the state's attorney can bid if there's no other bidder?

Yes, that bid can't exceed one hundred dollars if no one else bids, or more than one hundred dollars above the next-best bid otherwise.

What happens to property the state buys at its own execution sale?

It can be resold for the state, with a bill of sale for personal property or a deed for real property, both attested by the Secretary of State.

Can the state resell that property for less than it paid?

No. The section bars any sale for less than the amount the state originally bid.

Where does the money from reselling the property go?

Into the fund for which the original judgment was obtained.

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: state of oklahoma bid execution saleoklahoma buys own judgment property sheriff sale12 O.S. § 775state resale property acquired execution oklahoma