§ 815.Return By Sheriff of Other County - Proof of Timely Mailing of Return

Chapter 13: Limitation of Actions · Last amended September 1, 1990 · Last verified August 3, 2026

In one sentenceSection 815 lets a sheriff in another county return a levied execution by mail to the issuing court's clerk, and protects the sheriff from penalty or damages if the mailed writ arrives late, so long as it was mailed early enough to have gotten there on time.

Full Text of § 815

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When execution shall be issued in any county in this state and directed to the sheriff of another county, it shall be lawful for such sheriff having the execution, after having discharged all the duties required of him by law, to inclose such execution, by mail, to the clerk of the court who issued the same. On proof being made by such sheriff that the execution was mailed soon enough to have reached the office where it was issued within the time prescribed by law, the sheriff shall not be liable for any penalty or damages if it does not reach the office in due time.

End

Amendment History

R.L. 1910, § 5184; Amended by Laws 1990, HB 2177, c. 185, § 4, eff. 9/1/1990.

Plain-English Summary

Once an out-of-county sheriff has finished the work a levied execution requires, Section 815 lets that sheriff mail the execution back to the clerk of the court that issued it, instead of returning it in person.

The mailing carries some risk, and the statute addresses it: if the writ arrives late, the sheriff isn't liable for any penalty or damages as long as the sheriff can prove it was mailed soon enough to have reached the issuing office within the time the law prescribes.

Frequently Asked Questions

Can a sheriff mail back an execution instead of returning it in person?

Yes. Once the sheriff has discharged the required duties, mailing the execution to the clerk of the issuing court is permitted.

Is a sheriff liable if a mailed execution arrives late?

Not if the sheriff proves it was mailed soon enough to have reached the office within the time the law prescribes.

What does the sheriff need to show to avoid liability for a late return?

Proof that the execution was mailed in time to have arrived on schedule.

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: sheriff mailing execution return oklahomalate return of execution mail delayproof of timely mailing sheriff execution