A judgment record is an official document that contains the final decision in a legal dispute. In Oklahoma, judgment records also contain the summary of pleadings, issues for determination, and the reason for the decision. Judgment records are public information that forms part of the official court records. The public may access these records in the courthouses of the various state courts in Oklahoma or via any other recognized means in Oklahoma.
A judgment in Oklahoma, like other Oklahoma court records, sets out parties’ rights, duties, and obligations regarding the matter. In civil cases, it is common for a judge to order one of the parties to pay some money to another as part of the judgment, making one party a judgment debtor and the other the judgment creditor.
What is a Judgment?
Courts in Oklahoma may give judgments for or against one or more plaintiffs or defendants, determining the final rights of the parties on either side. The Oklahoma Statutes define the term “judgment” in §12-681 as the final determination of parties’ rights in action before a court. After hearing from both sides, a judgment is simply the court’s order, deciding which party is wrong and which is right. A presiding judge may issue a judgment in court at the point of determining the matter or at a different date.
The judgment may also be oral or written, depending on the circumstances of the dispute. Written judgments take time to prepare, and the judge may issue them at a different date. Where it is necessary for the court to issue a quick decision, the judge may give an oral judgment. Any person that is not satisfied with the decision of an Oklahoma court has the right to go on appeal, provided there are valid grounds to do so.
Oklahoma Judgment Laws
Oklahoma judgment laws are codified in Title 12 of the Oklahoma Statutes, or the Oklahoma Civil Procedure Law. The Oklahoma judgment laws provide for the procedure for obtaining judgments from courts in Oklahoma and the methods of enforcing these judgments. It also contains the applicable interest rates on judgments in Oklahoma and the consequences for not complying.
What is Judgment Lien?
The term ‘’judgment lien’ refers to an order from the court that gives the creditor the right to take possession of a judgment debtor’s property if the debtor fails to fulfill certain obligations. Another name for a judgment lien is an ‘abstract of judgment,’ and it does not require the consent of the judgment debtor. A judgment in Oklahoma, under §12-706 of the Oklahoma Statutes, acts as a lien on the debtor’s real estate within a county where the creditor files a Statement of Judgment. To create a judgment lien in Oklahoma, the judgment creditor or the judgment creditor’s attorney must file the Statement of Judgment in the office of the county clerk of the county, following a form that the Administrative Director of the Courts provides.
A judgment lien is properly filed where there is a presentation of the Statement of Judgment and filing fees and a subsequent acceptance by the county clerk. The lien will then affect and attach all real property, including the judgment debtor’s homestead written in the Statement of Judgment. After the filing, the county clerk will also file the Statement of Judgment in a judgment index. An entry in the judgment index contains the name(s) of the judgment creditor(s), the name of the court that gave the judgment, and the amount of the judgment. Other items include the date of filing the judgment, applicable interest, and attorney fees.
What is an Oklahoma Summary Judgement?
A summary judgment arises in Oklahoma when the court dispenses with a case before it has the chance to get to trial. An Oklahoma judge can only give a summary judgment ruling, where it is clear that there is no need for a trial. The goal of a summary judgment is to save the court’s time from an unnecessary litigation process.
What is A Summary Judgment Motion In Oklahoma?
§12-2056 of the Oklahoma Statutes provides for motions for summary judgment. Under the section, a party seeking relief may move for summary judgment on all or part of the claim, with or without affidavits in support. Such a party must file the motion after twenty days of the commencement of the action. The defending party may also move for summary judgment at any time, with or without supporting affidavits.
The court may or may not issue a summary judgment on the entire action. In such a circumstance, the court has to determine which material facts are not in issue. To do this, the court may examine the pleadings and evidence before it. If the pleadings, materials on file, and affidavits show no genuine issues for determination, the moving party is entitled to judgment under Oklahoma law.
Any affidavit submitted in favor of or opposing a summary judgment motion must be made on personal knowledge and set out admissible facts. The affiant must also be someone competent to testify on the matters stated. If the person makes an affidavit in bad faith, the court may order such a person to pay reasonable expenses to the other party. These reasonable expenses often include attorney fees incurred as a result. The court may further hold the offending party or their attorney in contempt.
Oklahoma Judgment Record Search
Judgment records of courts in Oklahoma are public records under the Oklahoma Open Records Act. As a result of this law, interested persons may request access to court records and other public records without presenting a statement of purpose. However, not all state records are public. The law confers statutory protection on confidential records in certain circumstances, making such records exempt from public view. Any person interested in such records will need court authorization to access the records.
How Do I Look Up a Judgment In Oklahoma?
To look up judgment records in Oklahoma, an individual will have to find the person in charge of such records. Under the Oklahoma judicial system, the court clerks are the record custodians of the courts. These clerks maintain court records and respond to official court records requests. Interested persons may find the contact information of court clerks and the various court locations in Oklahoma on the Oklahoma courts website.
Individuals may also make in-person requests by drafting an application or completing request forms. Then, the individual may submit the application or request form at the court clerk’s office, indicating the requested judgment records and number of copies. Also, the Oklahoma State Courts Network has a portal for published cases in Oklahoma. The portal allows individuals to search judgment records by county or court, case number, party name, case type, or date.
What Happens if You Have a Judgment Against You in Oklahoma?
When an Oklahoma court issues a judgment on a matter, it is binding on all parties to the suit. It also creates a judgment debtor and creditor relationship between the parties. The party that loses the suit or the judgment debtor will have to pay the judgment debt and satisfy all other terms of the judgment. If the person fails, the law empowers the judgment creditor to exercise legal actions to collect the debt. A party not satisfied with the court’s decision may further appeal the decision if there are reasonable grounds to do so.
How Do I Find Out If I Have Any Judgments Against Me In Oklahoma?
Any person can find out information on existing judgments in Oklahoma. To do this, such an individual will have to contact the court clerk or visit the courthouse to request such information. Also, it is common practice for the court to send its judgments to affected parties via mail. So, the individual may check their mail for notice of judgment entry from the courts.
How Long Does A Judgment Stay On Your Record?
A judgment record forms part of a court’s permanent record in Oklahoma and may appear on background checks. So, as long as the judgment remains active, it will appear on a person’s record. The only way to get rid of the judgment record is to pay up the judgment debt or move a motion to vacate the judgment. If these steps are successful, the judgment no longer exists and will disappear from a person’s record.
How To Enforce A Judgment In Oklahoma
In Oklahoma, the enforcement of a judgment is a court process under the clerk’s authority and directed to the county’s Sheriff. The clerk may direct the order of execution to different counties at the same time. Under §12-732 of the Oklahoma Statutes, execution may be against the judgment debtor’s property, for delivery of possession of real or personal property of the debtor, or execution in special circumstances. Land, rental property, goods, and chattels of the judgment debtor that are not exempt by law are subject to the payment of debts, under §12-733 of the Oklahoma Statutes.
The court may, under §12-736 of the Oklahoma Statutes, issue a writ of execution against the property of the judgment debtor. Such a writ shall command a specific officer to use the goods and chattels of the debtor to settle the debt. Where the debtor has no such property, the officer may use the debtor’s lands and tenements. If there are two or more writs against the debtor, §12-737 of the Oklahoma Statutes provides no preference to any of the writs.
Instead, if the money realized is insufficient to cover all the writs of execution, the amount will be distributed to the creditors according to the amounts owed. After this, §12-757 of the Oklahoma Statutes expects the Sheriff to issue a written notice of sale, describing the properties on sale and the sale’s time, date, and place. The Sheriff must issue the notice to the judgment debtor at least ten days before the sale and make a public notice within that time frame, in a public newspaper or some other means of advertisement.
How To Collect A Judgment In Oklahoma
§12-1772 of the Oklahoma Statutes provides for the processes of collecting a judgment in Oklahoma. Before entering the judgment, while parties are still under oath, the court may arrange a judgment satisfaction plan or enter a writ of execution. The court may also obtain a list and description of all the judgment debtor’s assets in case it becomes necessary to use such assets to collect an unsatisfied judgment. If the judgment debtor fails to obey the judgment satisfaction plan, the judgment creditor may contact the judgment debtor to collect the debt.
Situations may arise where the judgment debtor may still fail to satisfy the judgment, despite all these. In such circumstances, the judgment creditor may ask the debtor to appear and answer questions regarding assets. Also, the creditor may request the court to issue a writ of execution or a garnishment summons on forms that the court clerk must provide. These forms include a Statement of Judgment, Certificate of Release, Affidavit of Judgment, etc. Interested persons may access these forms in Word or PDF format on the Oklahoma State Courts Network website.
What Happens if a Defendant Does Not Pay a Judgment in Oklahoma
In Oklahoma, when a plaintiff wins a lawsuit against a defendant, the plaintiff becomes the judgment creditor, and the defendant is the judgment debtor. Oklahoma laws allow the judgment debtor to enforce legal action and take steps to collect the full amount of the debt if the judgment debtor defaults. Some of these debt recovery methods include seizing the debtor’s property or bank account, garnishing the debtor’s wages, and other methods contained in the Oklahoma Statutes.
What Personal Property Can Be Seized in a Judgment in Oklahoma?
To collect a judgment debt in Oklahoma, the judgment creditor may create a lien on the debtor’s real estate and all other property that are not exempt under Oklahoma law. Title 31 of the Oklahoma Statutes outlines these exempt properties and protects them from a forced sale to settle the judgment debt. A few examples are the debtor’s home, household and kitchen furniture, books, portraits, and personal or family pictures. Other examples are child support payments, alimony, and plots held in the cemetery.
Oklahoma Judgment Interest Rate
§12-727.1 of the Oklahoma Statutes provides the interest rate of judgments issued after January 1, 2005. Relying on this section, the Oklahoma State Courts Network issues a notice of post-judgment interest rates every year. For 2021, the applicable post-judgment interest rate is 5.25 percent, while the pre-judgment interest rate is 0.35 percent. The interest rate of every year runs from January 1 till December 1 of that year. In 2020, the applicable post-judgment rate was 6.75 percent and 2.08 percent for pre-judgment interest.
What is a Default Judgment?
In litigation, a party may serve certain processes on another party to whom the law expects to reply within a reasonable time. Other times, a party may fail to show up for a court hearing. In both of these scenarios, the parties that fail to respond or show up are in default, and the court may issue a default judgment against such parties, granting the other party an automatic win.
How to File a Motion To Set Aside Default Judgment in Oklahoma
A party against whom the court issued a default judgment may, under §12-2004(f) of the Oklahoma Statutes, have the judgment set aside within three years of filing the judgment. Such a party must notify the adverse party of an intention to make the application and pay all court-imposed costs. The only condition is that the party seeking to set aside the default judgment must show that they did not get any notice of the service.
Also, the party must prove to the court by affidavit or some other evidence that they were unaware that they had to appear in court during the action. The adverse party may further prove that the applicant had sufficient notice to appear in court and make a defense. Then, the process for setting aside this default judgment is regarded as ‘vacating a judgment’ in Oklahoma.
File Motion To Vacate Judgment in Oklahoma
A court in Oklahoma may modify, correct or vacate its judgment not more than thirty days after issuing the judgment. Under §12-1031 of the Oklahoma Statutes, a party praying the court to vacate its judgment must file a motion with the court clerk. The moving party must also give adequate notice to all affected parties. If thirty days have passed since the release of the judgment, the proceedings to vacate or modify a court’s judgment shall be by petition, verified by affidavit.
It must contain a copy of the judgment and the grounds to vacate or modify it. Upon receiving the application, the court will, under §12-1034 of the Oklahoma Statutes, conduct a trial to decide on the matter. The party that wins an action to vacate a court’s judgment becomes the prevailing party for the award of costs.
How To Remove An Abstract Of Judgment In Oklahoma
To remove an abstract of judgment or Release of a lien of a judgment, the judgment creditor or their attorney must file a Reason of Judgment Lien in the county clerk’s office. The Release of Judgment Lien shall contain the name of the court that granted the judgment, the number and style of the case, and the name of the judgment debtor. It must also identify the property against which the judgment lien was indexed. The Administrative Director of the Courts will prescribe the form for the Release of Judgment, and the Release of Judgment Lien may be full or partial.
If the judgment debtor has satisfied the judgment in full or has become vacated or dormant, such a person can make a written motion, applying to the court for a Release. The motion must come with an affidavit stating the grounds for the motion. Also, the party seeking the motion must mail a copy of the motion by certified mail to the judgment creditor. When the court orders a Release of judgment lien, it will advise the judgment debtor to file the Release in the office of the county clerk of the county where the real estate is situated.
Another way to remove an abstract of judgment in Oklahoma arises where the judgment debtor deposits cash sufficient to cover the cost of the judgment with the clerk of the court that issued the judgment. Under §12-706.2 of the Oklahoma Statutes, the deposit must include interests, costs, and attorney fees. This circumstance arises when there is an appeal from a money judgment granted by the court. After hearing the appeal, the court may order that the deposit applies to the final judgment granted against the depositor. The court will then refund any balance over the judgment sum. If the appeal favors the depositor, the court will order a refund of the full cash deposit, alongside any accruing interest.
How Long Is a Judgment Good For In Oklahoma
A judgment creditor has five years from the filing of the judgment to enforce it. Otherwise, such a judgment becomes unenforceable and of no effect, but this provision does not apply to judgments against municipalities or child support judgments. The judgment creditor may file a notice of renewal to extend the time frame of the judgment. To extend the judgment lien beyond the statutory period, an interested party may file a certified copy of the general execution upon the judgment, notice of renewal of judgment, a garnishment summons issued against the judgment debtor, or a notice of income assignment sent to the debtor’s employer, under §12-759.
Oklahoma Judgment Statute of Limitations Law
A Statute of limitation is the recognized period within which a judgment creditor can bring an action to collect a judgment debt. §12-735 of the Oklahoma Statutes is the statute of limitation law regarding judgments in Oklahoma. Under this law, an Oklahoma judgment creditor has five years from the date of filing the judgment with the court clerk to enforce it. If the creditor takes action to collect the debt, it can prevent the statute of limitation from expiring.
Another method is to ask the court for a renewal of the statute of limitation on the debt. If the judgment creditor takes neither of the above actions on the judgment, the statute of limitation applies once the five-year period passes. Once the statute of limitation expires, the judgment creditor cannot legally make the judgment debtor pay the balance of the judgment debt.
