§ 817.Sureties of Sheriff Made Parties On Amercement - Attachment

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

In one sentenceSection 817 lets a sheriff's or officer's surety be joined by action to a judgment against that sheriff or officer, but shields the surety's property from execution as long as the sheriff's or officer's own property can satisfy the judgment, and preserves the option to proceed by attachment instead.

Full Text of § 817

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Every surety of any sheriff or other officer may be made party to the judgment rendered as aforesaid, against the sheriff or other officer, by action, to be commenced and prosecuted as in other cases; but the goods and chattels, lands and tenements of any such surety shall not be liable to be taken on execution, when sufficient goods and chattels, lands and tenements of the sheriff or other officer against whom execution may be issued can be found to satisfy the same. Nothing herein contained shall prevent either party from proceeding against such sheriff or other officer, by attachment, at his election.

End

Amendment History

R.L. 1910, § 5186.

Plain-English Summary

When a sheriff or other officer is on the hook for a judgment, Section 817 lets the officer's surety be brought into that judgment by a separate action. But the surety isn't first in line: the surety's goods, chattels, lands, and tenements can't be taken on execution while the sheriff's or officer's own property is enough to cover the debt.

The statute also keeps a second remedy alive. Instead of suing the surety, either party may proceed against the sheriff or officer directly by attachment.

Frequently Asked Questions

Can I go after a sheriff's surety to collect on a judgment against the sheriff?

Yes. The surety can be made a party to the judgment by action, but reached only if the sheriff's or officer's own property isn't sufficient to cover it.

Does the surety's property get taken first?

No. Section 817 protects the surety's goods, chattels, lands, and tenements from execution while enough of the sheriff's or officer's own property remains to satisfy the judgment.

Is action against the surety the only option?

No, either party may instead proceed against the sheriff or officer by attachment.

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 official bond surety liability oklahomacollecting judgment from sheriff's suretyamercement sheriff oklahoma