Okla. Stat. tit. 12, § 1148.1 et seq. § 1148.10A
Stay of Execution by Posting Supersedeas Bond - Failure to Post Bond - Payment of Current Rentals
Operative Text
A. The plaintiff or agent of the plaintiff or officer shall immediately notify the defendant in person or by posting of said notice that the plaintiff or agent of the plaintiff or officer shall return in forty-eight (48) hours to restore the plaintiff possession of the premises by executing the writ prescribed in Section 1148.10 of this title and shall make levy to collect the amount of the judgment and all accruing costs. B. The original writ of execution issued as provided by Section 1148.10 of this title shall be filed in the action in the manner provided for judgments in civil cases. C. The plaintiff or agent of the plaintiff may execute the writ upon the defendant by personally serving a certified copy of the writ upon the defendant or upon a person authorized to receive service of process as provided by Section 2004 of this title. If the plaintiff or agent of the plaintiff is unable to personally serve the defendant or a person authorized to receive service of process as provided by Section 2004 of this title, the plaintiff or agent of the plaintiff may post a notice in a conspicuous place at the premises address that the plaintiff or agent of the plaintiff shall return at a specified date and time, which shall be not less than forty-eight (48) hours from the time of posting, to restore the plaintiff to physical possession of the premises by executing the writ prescribed in Section 1148.10 of this title. D. Any person who wrongfully refuses to surrender physical possession of the premises described in the writ of execution upon service of the writ by the plaintiff or the agent of the plaintiff shall, upon conviction, be deemed guilty of a trespass and may be punished by a fine in an amount not to exceed Five Hundred Dollars ($500.00) or by confinement in the county jail for a period not to exceed thirty (30) days or by both such fine and imprisonment. E. The plaintiff or the agent of the plaintiff may summon either the sheriff of the county or the law enforcement agency of the city or town in which the premises are located for assistance in executing the writ. F. The plaintiff's, the agent of the plaintiff's, or the officer's return shall be as upon other executions. Within two (2) days of the date of the judgment, the defendant may post a supersedeas bond conditioned as provided by law. This time limit may be enlarged by a trial judge's order to not more than seven (7) days after the date of judgment. The posting of a supersedeas bond shall not be construed to relieve the defendant of his or her duty to pay current rent as it becomes due while the appeal is pending. The rent shall be paid into the court clerk's office together with poundage. If there be controversy as to the amount of rent, the judge shall determine by order how much shall be paid in what time intervals. Withdrawal by the plaintiff of rent deposited in the court clerk's office pending appeal shall not operate to estop him or her from urging on appeal his or her right to the possession of the premises. Failure to pay current rentals while the appeal is pending shall be considered as abandonment of the appeal.
Oklahoma statute 12 O.S. § 1148.10A establishes the procedures that follow an eviction judgment, covering how a writ of execution is served, what happens when a tenant refuses to vacate, and how an appeal bond works. A tenant who refuses to surrender possession after proper service of the writ may face criminal trespass penalties of up to a $500 fine, up to 30 days in county jail, or both. If a tenant wishes to appeal the eviction judgment, a supersedeas bond must generally be posted within two days of judgment, and current rent must continue to be paid into the court clerk's office throughout the appeal or the appeal is treated as abandoned.
Plain English — not legal advice.
Under 12 O.S. § 1148.10A, a landlord or the landlord's agent who has obtained an eviction judgment must follow specific notice and service steps before returning to take physical possession — including providing at least 48 hours' advance notice to the tenant, either in person or by conspicuous posting. Compliant operators keep careful records of service attempts and the timing of any posted notices, and they may request assistance from the county sheriff or local law enforcement when executing the writ. Rent deposited by a tenant into the court clerk's office during a pending appeal may be withdrawn without waiving the landlord's right to pursue possession on appeal.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under 12 O.S. § 1148.10A, a tenant who receives a writ of execution after an eviction judgment has the right to a minimum 48-hour notice period before the landlord or agent returns to take possession. A tenant wishing to contest the eviction through an appeal generally has two days from the date of judgment to post a supersedeas bond, though a trial judge may extend that window to up to seven days. Tenants pursuing an appeal should be aware that current rent must be paid into the court clerk's office during the appeal process, and that failing to do so is treated as abandonment of the appeal under this provision — tenant-rights organizations can help explain what these procedural requirements mean in practice.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 18, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
Effective Timeline
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References In
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