reglab/housing_qa huggingface dataset:
12 OK Stat § 12-729.4 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-729.4. Variation of act by agreement of parties.

|A. The effect of this act may be varied by agreement of the parties made before or after commencement of an action or distribution proceeding or the entry of judgment. |B. Parties to a transaction may agree upon the money to be used in a transaction giving rise to a foreign-money claim and may agree to use different moneys for different aspects of the transaction. Stating the price in a foreign money for one aspect of a transaction does not alone require the use of that money for other aspects of the transaction.Added by Laws 1994, c. 165, § 4, eff. Jan. 1, 1995.
12 OK Stat § 12-729.5 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-729.5. Determining proper money of claim.

|A. The money in which the parties to a transaction have agreed that payment is to be made is the proper money of the claim for payment. |B. If the parties to a transaction have not otherwise agreed, the proper money of the claim, as in each case may be appropriate, is the money:1. Regularly used between the parties as a matter of usage or course of dealing;2. Used at the time of a transaction in international trade, by trade usage or common practice, for valuing or settling transactions in the particular commodity or service involved; or3. In which the loss was ultimately felt or will be incurred by the party claimant.Added by Laws 1994, c. 165, § 5, eff. Jan. 1, 1995.
12 OK Stat § 12-729.6 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-729.6. Determining amount to be paid in foreign money.

|A. If an amount contracted to be paid in a foreign money is measured by a specified amount of a different money, the amount to be paid is determined on the conversion date. |B. If an amount contracted to be paid in a foreign money is to be measured by a different money at the rate of exchange prevailing on a date before default, that rate of exchange applies only to payments made within a reasonable time after default, not exceeding thirty (30) days. Thereafter, conversion is made at the bank-offered spot rate on the conversion date.C. A monetary claim is neither usurious nor unconscionable because the agreement on which it is based provides that the amount of the debtor's obligation to be paid in the debtor's money, when received by the creditor, must equal a specified amount of the foreign money of the country of the creditor. If, because of unexcused delay in payment of a judgment or award, the amount received by the creditor does not equal the amount of the foreign money specified in the agreement, the court or arbitrator shall amend the judgment or award accordingly.Added by Laws 1994, c. 165, § 6, eff. Jan. 1, 1995.
12 OK Stat § 12-729.7 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-729.7. Assertion of claim or defense using a foreign money.

|A. A person may assert a claim in a specified foreign money. If a foreign-money claim is not asserted, the claimant makes the claim in United States dollars. |B. An opposing party may allege and prove that a claim, in whole or in part, is in a different money than that asserted by the claimant.C. A person may assert a claim as a defense, set-off, recoupment or counterclaim in any money appropriate for the claim without regard to the money of other claims.D. The determination of the proper money of the claim is a question of law.Added by Laws 1994, c. 165, § 7, eff. Jan. 1, 1995.
12 OK Stat § 12-729.8 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-729.8. Judgment or award on foreign-money claim.

|A. Except as provided in subsection C of this section, a judgment or award on a foreign-money claim must be stated in an amount of the money of the claim. |B. A judgment or award on a foreign-money claim is payable in that foreign money or, at the option of the debtor, in the amount of United States dollars which will purchase that foreign money on the conversion date at a bank-offered spot rate.C. Assessed costs must be entered in United States dollars.D. Each payment in United States dollars must be accepted and credited on a judgment or award on a foreign-money claim in the amount of the foreign money that could be purchased by the dollars at a bank-offered spot rate of exchange at or near the close of business on the conversion date for that payment.E. A judgment or award made in an action or distribution proceeding on both:1. A defense, set-off, recoupment or counterclaim; and2. The adverse party's claim,must be netted by converting the money of the smaller into the money of the larger, and by subtracting the smaller from the larger, and specify the rates of exchange used.F. A judgment substantially in the following form complies with subsection A of this section:IT IS ADJUDGED AND ORDERED, that Defendant (insert name) pay to Plaintiff (insert name) the sum of (insert amount in the foreign money) plus interest on that sum at the rate of (insert rate - see Section 10 of this act) percent a year or, at the option of the judgment debtor, the number of United States dollars which will purchase the (insert name of foreign money) with interest due, at a bank-offered spot rate at or near the close of business on the banking day next before the day of payment, together with assessed costs of (insert amount) United States dollars.G. If a contract claim is of the type covered by subsection A or B of Section 6 of this act, the judgment or award must be entered for the amount of money stated to measure the obligation to be paid in the money specified for payment or, at the option of the debtor, the number of United States dollars which will purchase the computed amount of the money of payment on the conversion date at a bank-offered spot rate.H. In order to create a lien, a judgment in foreign money must be filed and indexed in the same manner as other judgments. It may be discharged in the same manner as other judgments.Added by Laws 1994, c. 165, § 8, eff. Jan. 1, 1995.
12 OK Stat § 12-729.9 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-729.9. Rate of exchange.

|The rate of exchange prevailing at or near the close of business on the day the distribution proceeding is initiated governs all exchanges of foreign money in a distribution proceeding. A foreign-money claimant in a distribution proceeding shall assert its claim in the named foreign money and show the amount of United States dollars resulting from a conversion as of the date the proceeding was initiated. |Added by Laws 1994, c. 165, § 9, eff. Jan. 1, 1995.
12 OK Stat § 12-729.10 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-729.10. Interest.

|A. With respect to a foreign-money claim, recovery of prejudgment or pre-award interest and the rate of interest to be applied in the action or distribution proceeding, except as provided in subsection B of this section, are matters of the substantive law governing the right to recovery under the conflict-of-laws rules of this state. |B. The court or arbitrator shall increase or decrease the amount of prejudgment or pre-award interest otherwise payable in a judgment or award in foreign money to the extent required by the law of this state governing a failure to make or accept an offer of settlement or offer of judgment, or conduct by a party or its attorney causing undue delay or expense.C. A judgment or award on a foreign-money claim bears interest at the rate applicable to judgments of this state.Added by Laws 1994, c. 165, § 10, eff. Jan. 1, 1995.
12 OK Stat § 12-729.11 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-729.11. Enforcement of foreign judgment.

|A. If an action is brought to enforce a judgment of another jurisdiction expressed in a foreign money and the judgment is recognized in this state as enforceable, the enforcing judgment must be entered as provided in Section 8 of this act, whether or not the foreign judgment confers an option to pay in an equivalent amount of United States dollars. |B. A foreign judgment may be filed in accordance with any rule or statute of this state providing a procedure for its recognition and enforcement.C. A satisfaction or partial payment made upon the foreign judgment, on proof thereof, must be credited against the amount of foreign money specified in the judgment, notwithstanding the entry of judgment in this state.D. A judgment entered on a foreign-money claim only in United States dollars in another state must be enforced in this state in United States dollars only.Added by Laws 1994, c. 165, § 11, eff. Jan. 1, 1995.
12 OK Stat § 12-729.12 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-729.12. Enforcement of provisional remedies.

|A. Computations under this section are for the limited purposes of the section and do not affect computation of the United States dollar equivalent of the money of the judgment for the purpose of payment. |B. For the limited purpose of facilitating the enforcement of provisional remedies in an action, the value in United States dollars of assets to be seized or restrained pursuant to a writ of attachment, garnishment, execution or other legal process, the amount of United States dollars at issue for assessing costs, or the amount of United States dollars involved for a surety bond or other court-required undertaking, must be ascertained as provided in subsections C and D of this section.C. A party seeking the process, costs, bond or other undertaking under subsection B of this section shall compute in United States dollars the amount of the foreign money claimed from a bank-offered spot rate prevailing at or near the close of business on the banking day next preceding the filing of a request or application for the issuance of process or for the determination of costs, or an application for a bond or other court-required undertaking.D. A party seeking the process, costs, bond or other undertaking under subsection B of this section shall file with each request or application an affidavit or certificate executed in good faith by its counsel or a bank officer, stating the market quotation used and how it was obtained, and setting forth the calculation. Affected court officials incur no liability, after a filing of the affidavit or certificate, for acting as if the judgment were in the amount of United States dollars stated in the affidavit or certificate.Added by Laws 1994, c. 165, § 12, eff. Jan. 1, 1995.
12 OK Stat § 12-729.13 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-729.13. Foreign money revalorization.

|A. If, after an obligation is expressed or a loss is incurred in a foreign money, the country issuing or adopting that money substitutes a new money in place of that money, the obligation or the loss is treated as if expressed or incurred in the new money at the rate of conversion the issuing country establishes for the payment of like obligations or losses denominated in the former money. |B. If substitution under subsection A of this section occurs after a judgment or award is entered on a foreign-money claim, the court or arbitrator shall amend the judgment or award by a like conversion of the former money.Added by Laws 1994, c. 165, § 13, eff. Jan. 1, 1995.
12 OK Stat § 12-729.14 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-729.14. Principles of law and equity - Construction of act.

|Unless displaced by particular provisions of this act, the principles of law and equity, including the law merchant, and the law relative to capacity to contract, principal and agent, estoppel, fraud, misrepresentation, duress, coercion, mistake, bankruptcy or other validating or invalidating causes supplement its provisions. |Added by Laws 1994, c. 165, § 14, eff. Jan. 1, 1995.
12 OK Stat § 12-729.15 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-729.15. Prospective applicability of act.

|This act applies to actions and distribution proceedings commenced after its effective date. |Added by Laws 1994, c. 165, § 15, eff. Jan. 1, 1995.
12 OK Stat § 12-729.16 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-729.16. Construction to effectuate general purpose of act.

|This act shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this act among states enacting it. |Added by Laws 1994, c. 165, § 16, eff. Jan. 1, 1995.
12 OK Stat § 12-731 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-731. Executions - Defined - How issued - Different counties.

|Executions shall be deemed process of the court, and shall be issued by the clerk, and directed to the sheriff of the county. They may be directed to different counties at the same time. |R.L. 1910, § 5149.
12 OK Stat § 12-732 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-732. Kinds of executions.

|Executions are of three kinds: |First, against the property of the judgment debtor.Second, for the delivery of possession of real or personal property, with damages for withholding the same, and costs.Third, executions in special cases.R.L. 1910, § 5150.
12 OK Stat § 12-733 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-733. Property subject to levy.

|Lands, tenements, goods and chattels, not exempt by law shall be subject to the payment of debts, and shall be liable to be taken on execution and sold, as hereinafter provided. |R.L. 1910, § 5151.
12 OK Stat § 12-734 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-734. Property bound after seizure.

|All real estate not bound by the lien of the judgment, as well as goods and chattels of the debtor, shall be bound from the time they shall be seized in execution. |R.L. 1910, § 5152.
12 OK Stat § 12-735 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-735. Must be issued within five years or judgment becomes unenforceable - Inapplicable to municipalities or child support judgments.

|A. A judgment shall become unenforceable and of no effect if, within five (5) years after the date of filing of any judgment that now is or may hereafter be filed in any court of record in this state: |1. Execution is not issued by the court clerk and filed with the county clerk as provided in Section 759 of this title;2. A notice of renewal of judgment substantially in the form prescribed by the Administrative Director of the Courts is not filed with the court clerk;3. A garnishment summons is not issued by the court clerk; or4. A certified copy of a notice of income assignment is not sent to a payor of the judgment debtor.B. A judgment shall become unenforceable and of no effect if more than five (5) years have passed from the date of:1. The last execution on the judgment was filed with the county clerk;2. The last notice of renewal of judgment was filed with the court clerk;3. The last garnishment summons was issued; or4. The sending of a certified copy of a notice of income assignment to a payor of the judgment debtor.C. This section shall not apply to judgments against municipalities or to child support judgments by operation of law.R.L. 1910, § 5153. Amended by Laws 1981, c. 120, § 1, eff. Oct. 1, 1981; Laws 1988, c. 22, § 1, eff. Nov. 1, 1988; Laws 1989, c. 236, § 5, eff. July 1, 1989; Laws 1997, c. 320, § 3, eff. Nov. 1, 1997; Laws 2000, c. 384, § 1, eff. Nov. 1, 2000; Laws 2002, c. 468, § 4, eff. Nov. 1, 2002.
12 OK Stat § 12-736 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-736. Execution to command levy on personalty before levy on realty - Endorsement of amount of debt, damages, and costs on execution.

|The writ of execution against the property of the judgment debtor, issuing from any court of record in this state, shall command the officer to whom it is directed, that of the goods and chattels of the debtor he cause to be made the money specified in the writ; and for want of goods and chattels, he cause the same to be made of the lands and tenements of the debtor; and the amount of the debt, damages and costs, for which the judgment is entered, shall be endorsed on the execution. |R.L. 1910, § 5154.
12 OK Stat § 12-737 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-737. Priority among executions.

|When two or more writs of execution against the same debtor shall be sued out during the term in which judgment was rendered, or within ten (10) days thereafter, and when two or more writs of execution against the same debtor shall be delivered to the officer on the same day, no preference shall be given to either of such writs; but if a sufficient sum of money be not made to satisfy all such executions, the amount made shall be distributed to the several creditors in proportion to the amount of their respective demands. In all other cases, the writ of execution first delivered to the officer shall be first satisfied. And it shall be the duty of the officer to endorse on every writ of execution the time when he received the same; but nothing herein contained shall be so construed as to affect any preferable lien which one or more of the judgments, on which execution issued, may have on the lands of the judgment debtor. |R.L. 1910, § 5155.
12 OK Stat § 12-751 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-751. Levy on goods and chattels, then on realty - Sale of lands subject to liens - Appraisement.

|The officer to whom a writ of execution is delivered, shall proceed immediately to levy the same upon the goods and chattels of the debtor; but if no goods and chattels can be found, the officer shall endorse on the writ of execution, "No goods," and forthwith levy the writ of execution upon the lands and tenements of the debtor, which may be liable to satisfy the judgment; and if any of the lands and tenements of the debtor which may be liable shall be encumbered by a mortgage or any other lien or liens, such lands and tenements may be levied upon and appraised. If the appraisal reveals any equity in excess of such mortgage or liens, the lands and tenements may be sold, subject to such mortgage or liens, stated in the appraisal. If the appraisal reveals no equity, the lands and tenements of the debtor shall not be sold. |R.L. 1910, § 5156. Amended by Laws 1985, c. 277, § 10, eff. Nov. 1, 1985.
12 OK Stat § 12-752 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-752. Attachments and executions, who levied by.

|It shall be unlawful for anyone to levy an attachment or execution within this state who is not a bonded officer. |Added by Laws 1919, c. 139, p. 199, § 1.
12 OK Stat § 12-753 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-753. Same void when issued to or levied otherwise.

|Any attachment or execution issued to, or levied by anyone other than a bonded officer shall be void and of no effect and the court clerk or judge of the district court, or clerks of the judge of the district court issuing same, or officer levying same, as the case may be, together with their bondsmen shall be liable for any damage caused thereby. |Added by Laws 1919, c. 139, p. 199, § 2.
12 OK Stat § 12-754 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-754. Penalty.

|Anyone violating the provisions of this act shall be punished by a fine not to exceed One Hundred Dollars ($100.00) or confinement in the county jail not to exceed thirty (30) days or both. |Added by Laws 1919, c. 139, p. 200, § 3.
12 OK Stat § 12-755 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-755. Property claimed by third person - Plaintiff to secure officer.

|If the officer, by virtue of an execution issued from any court of record in this state, shall levy the same on any goods and chattels claimed by any person other than the defendant, or be requested by the plaintiff to levy on any such goods and chattels, the officer may require the plaintiff to give him an undertaking, with good and sufficient securities to pay all costs and damages that he may sustain by reason of the detention or sale of such property; and until such undertaking shall be given, the officer may refuse to proceed as against such property. |R.L. 1910, § 5157.
12 OK Stat § 12-756 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-756. Redelivery to defendant, when - Undertaking.

|In all cases where a sheriff or other officer shall, by virtue of an execution, levy upon any goods and chattels which shall remain upon his hands unsold, for want of bidders, for the want of time to advertise and sell, or any other reasonable cause, the officer may, for his own security, take of the defendant an undertaking, with security, in such sum as he may deem sufficient, to the effect that the said property shall be delivered to the officer holding an execution for the sale of the same, at the time and place appointed by said officer, either by notice, given in writing, to said defendant in execution, or by advertisement published in a newspaper printed in the county, naming therein the day and place of sale. If the defendant shall fail to deliver the goods and chattels at the time and place mentioned in the notice to him, given, or to pay to the officer holding the execution the full value of said goods and chattels, or the amount of said debt and costs, the undertaking, given as aforesaid, may be proceeded on as in other cases. |R.L. 1910, § 5158.
12 OK Stat § 12-757 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-757. Notice of sale of chattels - Acceptance of bids - Inventory for want of bidders.

|A. 1. No goods or chattels levied upon by an officer pursuant to an execution issued by a court of record shall be sold unless the party causing the execution to be issued: |a.causes a written notice of sale executed by the sheriff describing the goods or chattels subject to sale and stating the date, time and place where the sale shall occur to be mailed, by first class mail, postage prepaid, to the judgment debtor, any holder of record of an interest in the property, and all other persons of whom the party causing the execution to be issued has notice who claim a lien or any interest in the goods or chattels, at least ten (10) days prior to the date of the sale, if the names and actual addresses of such persons are known, andb.causes public notice to be given of the date, time and place of sale, for at least ten (10) days before the day of sale. The notice shall be executed by the sheriff and shall state the name of any person having an interest in the property whose actual address is unknown, and shall designate the person or persons whose unknown successors are being notified. The notice shall be given by advertisement, published in some newspaper published in the county, or, in case no newspaper be published therein, by setting up advertisements in five public places in the county. Two advertisements shall be put up in the township where the sale is to be held, andc.files in the case an affidavit of proof of mailing and of publication or posting;2. A written notice of sale executed prior to the effective date of this act by the party causing the execution to be issued but otherwise conforming to the provisions of this section shall, for all purposes, be deemed valid.B. 1. If a purchaser other than the party causing the execution to be issued, when required by the sheriff, fails to post cash or certified funds equal to ten percent (10%) of the amount bid for the property within twenty-four (24) hours of the sale, excluding Sundays and legal holidays, or otherwise fails to complete the sale, the sheriff may proceed with the sale and may accept the next highest bid.2. When goods and chattels levied upon cannot be sold for want of bidders, the officer making such return shall affix a true and correct inventory of such goods and chattels to the execution, and the party causing such execution to be issued may thereupon sue out another writ of execution, directing the sale of the property levied upon as provided for in this section.R.L. 1910, § 5159. Amended by Laws 1986, c. 227, § 2, eff. Nov. 1, 1986; Laws 1987, c. 189, § 1, operative Nov. 1, 1987.