§ 831.Joint Debtors Or Sureties May Have Contribution Or Repayment

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

In one sentenceSection 831 lets a judgment debtor who pays more than a fair share of a joint judgment compel contribution from the other debtors, and lets a surety who pays a co-obligor's debt compel repayment from the principal, provided the payor files notice with the court clerk within ten days.

Full Text of § 831

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When property, liable to an execution against several persons, is sold thereon, and more than a due proportion of the judgment is laid upon the property of one of them, or one of them pays, without a sale, more than his proportion, he may regardless of the nature of the demand upon which the judgment was rendered, compel contribution from the others; and when a judgment is against several, and is upon an obligation of one of them, as security for another, and the surety pays the amount, or any part thereof, either by sale of his property or before sale, he may compel repayment from the principal; in such case, the person so paying or contributing, is entitled to the benefit of the judgment, to enforce contribution or repayment, if within ten (10) days after his payment he file with the clerk of court where the judgment was rendered, notice of his payment and claim to contribution or repayment. Upon a filing of such notice, the clerk shall make an entry thereof in the margin of the docket.

End

Amendment History

R.L. 1910, § 5188.

Plain-English Summary

When several people are liable on one judgment and an execution sale takes more than one defendant's due proportion, or one of them pays more than his share without a sale, Section 831 lets that person compel contribution from the others, whatever the underlying debt was for. A surety who pays a judgment owed on an obligation where the surety stood as security for someone else can likewise compel repayment from the principal.

The right isn't automatic. To get the benefit of the judgment itself for enforcing contribution or repayment, the person who paid must file notice of the payment and the claim with the clerk of the court where the judgment was rendered within ten days of paying. The clerk then enters the filing in the margin of the docket.

Frequently Asked Questions

I paid more than my share of a joint judgment against several defendants. Can I get the others to pay me back?

Yes. Section 831 lets you compel contribution from the others when the execution sale takes more than your due proportion, or when you pay more than your share without a sale.

I cosigned as a surety and had to pay the whole debt. Can I recover from the principal debtor?

Yes. If you pay as surety on a joint judgment, you may compel repayment from the principal debtor.

Is there a deadline to claim contribution or repayment?

Yes. You must file notice of your payment and claim with the clerk of the court that rendered the judgment within ten days of paying.

What does filing that notice do?

It entitles you to the benefit of the judgment itself to enforce your contribution or repayment claim, and the clerk records the filing in the margin of the docket.

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

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