§ 12-706.2. Cash deposit on appeal from money judgment - Release of lien - Hearing.

In the event of an appeal from a money judgment granted by a court of this state, the lien of such judgment, and any lien by virtue of an attachment issued and levied in the action in which such judgment was granted, shall cease when the judgment debtor or debtors deposit with the clerk of the court in which such judgment was granted cash sufficient to cover the whole amount of the judgment, including interest, costs, and any attorney fees, together with costs and interest on the appeal.  This amount shall be determined by court order upon application of the judgment debtor indicating that such deposit is made to discharge the lien of the judgment and any lien by virtue of an attachment issued and levied in the action.  The cash deposit shall be accompanied by the statement of ownership required pursuant to Section 151.1 of Title 28 of the Oklahoma Statutes.

It shall be the duty of the judgment debtor to deliver the court order of deposit to the court clerk, department head or supervisor.  Upon receipt of such a cash deposit, statement of ownership and an order of the court directing deposit, it shall be the duty of the court clerk to immediately record receipt of the order and the amount of the cash deposit upon the appearance docket in the cause.  It also shall be the duty of the court clerk to place the cash deposit in the court clerk’s official depository account and to hold the deposit in an interest-bearing account, unless otherwise ordered by the court, pending final determination of the action.  The court clerk shall mail notice of receipt of the cash deposit to counsel for the judgment creditor or, if the judgment creditor is not represented by counsel, to the judgment creditor at the last-known address provided by the judgment debtor’s application.  The notice shall contain a statement that, if the judgment creditor does not file with the court a response or objection to the cash deposit within twenty (20) days after the mailing of the notice to the judgment creditor, the judgment lien may be released.  This objection period shall not be extended because of mailing time or for intervening weekends or holidays.

If no objection is filed with the court by the judgment creditor within twenty (20) days after the mailing of the notice, the court clerk, upon request of the judgment debtor, shall prepare a Release of Judgment Lien for the judgment debtor on the form provided by the Administrative Director of the Courts.  Instructions shall be printed on the Release of Judgment Lien advising the judgment debtor to file the Release in the office of the county clerk of the county in which the real estate is situated.  The lien of the judgment upon real estate of the judgment debtor in a county shall be released when the Release of Judgment Lien is filed in the office of the county clerk of that county.  The judgment debtor making the deposit shall pay all costs and recording fees relating to the release procedure.

Upon final determination of the appeal, the court may order the deposit together with accrued interest to be applied to any final judgment granted against the depositor or depositors, and refund any balance in excess of the judgment to the depositor or depositors.  In the event judgment against the depositor or depositors is reversed in its entirety, the whole amount of the cash deposit together with accrued interest shall be refunded to the depositor or depositors.

A judgment debtor may also apply to the district court where the judgment was rendered for an order releasing a judgment lien to permit a particular transfer of property otherwise subject to the judgment lien on such terms as the court deems proper for the protection of the parties.  Such a release of judgment lien may be granted only upon notice to the judgment creditor and hearing, and if granted the court shall endeavor to fully protect the rights of the judgment creditor to the security otherwise afforded by the judgment lien, for example, by determining the adequacy of consideration for the property and directing that such consideration be deposited into the court registry as security for the judgment.

Added by Laws 1955, p. 135, § 1.  Amended by Laws 1983, c. 56, § 2, eff. Nov. 1, 1983; Laws 1993, c. 351, § 14, eff. Oct. 1, 1993; Laws 1995, c. 253, § 2, eff. Nov. 1, 1995; Laws 2004, c. 450, § 1, eff. Nov. 1, 2004.