§ 935.Deposit Insufficient - Apportionment to Claimants

Chapter 14: Costs · Not amended since adoption on record · Last verified August 3, 2026

In one sentenceSection 935 directs that when money deposited or collected as security for costs falls short of covering all the costs due at the end of an action, the shortfall is apportioned ratably among the officers and persons entitled to payment, based on each one's share of the total amount owed.

Full Text of § 935

Text size

Whenever the amount of money deposited as security for costs in any such action or proceeding, or whenever the amount collected therein shall be insufficient, at the termination of the action or proceeding, to pay all the costs in such action or proceeding, then the amount so deposited or collected shall be apportioned ratably among the different officers and persons entitled thereto in the same proportion that the amount due each officer or person bears to the whole amount so deposited or collected.

End

Amendment History

Laws 1913, SB 44, c. 14, p. 15, § 2.

Plain-English Summary

This section addresses a shortfall, not a surplus. If the deposit or amount collected as security for costs isn't enough to pay every officer and person owed at the close of the case, the available money doesn't go first-come-first-served. It's divided ratably, so each claimant gets the same proportion of what's owed to them that the deposited or collected fund bears to the whole amount due.

Frequently Asked Questions

What happens if the security deposited for costs doesn't cover everything owed?

The available funds are apportioned ratably among the officers and persons entitled to payment, in proportion to what each is owed.

Does this section apply only to money deposited before the case, or also to amounts collected during it?

Both. It covers the amount deposited as security for costs and any amount collected in the action or proceeding.

Who benefits from this ratable apportionment?

The different officers and persons entitled to payment out of the costs, such as court officials owed fees.

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: apportionment of insufficient cost deposit oklahoma12 O.S. § 935security for costs shortfall oklahoma