§ 12-1770. Small claims judgment as lien - Release.  


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  • A.  A judgment granted under the Small Claims Procedure Act, Section 1751 et seq. of Title 12 of the Oklahoma Statutes, shall become a lien on the real property of the judgment debtor within a county only from and after the time a Statement of Judgment has been filed in the office of the county clerk of that county.  When requested, the court clerk shall prepare a Statement of Judgment for the judgment creditor on a form provided by the Administrative Office of the Courts which shall include instructions advising the judgment creditor to file the Statement of Judgment in the office of the county clerk.

    B.  The lien of any small claims judgment when satisfied by payment or otherwise discharged shall be released by the court clerk upon written application by the judgment debtor.  The court clerk shall mail notice of the judgment debtor's application to the attorney for the judgment creditor or the judgment creditor, if there is no attorney, at the last-known address of the attorney or judgment creditor.  If there is no response or objection from the judgment creditor within ten (10) days after the notice is mailed, the judgment shall be released.  No hearing shall be required unless requested by a party to the action.  When requested, the court clerk shall prepare a Certificate of Release on a form provided by the Administrative Office of the Courts.  The Certificate of Release shall include instructions advising the judgment debtor to file the Certificate of Release in the office of the county clerk.  The lien of the judgment shall be released once the Certificate of Release is filed in the office of the county clerk.

    C.  The party filing the application for release shall pay all recording fees and other costs.

Added by Laws 1975, c. 15, § 1, eff. Oct. 1, 1975.  Amended by Laws 1977, c. 216, § 1; Laws 1979, c. 83, § 1; Laws 1982, c. 136, § 1, eff. Oct. 1, 1982; Laws 1993, c. 351, § 28, eff. Oct. 1, 1993; Laws 1995, c. 338, § 17, eff. Nov. 1, 1995.