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§62-365.5.
§62-365.5.
Money judgments against any county or other municipal subdivisions of
the State of Oklahoma shall be paid in the following manner, and may
be paid in no other manner. No payment shall be made until such
judgment is first spread on the budget for levy as to the first third
thereof, and the levy or provision made therefor has become final.
Within thirty (30) days after the final determination of any ad
valorem tax protests as involve levy for judgments against the county
or any of its municipal subdivisions, or, if no protests be filed,
then after termination of the forty-day protest period, the judgment
creditor or attorney for the judgment creditor shall file with the
treasurer of such municipality a claim, in form as prescribed by the
State Auditor and Inspector, itemizing the judgments to be paid,
stating the principal sum thereof, any sums paid thereon, and the
balance due with interest computed on the unpaid portion of the
principal amount of each judgment. The information required by the
claim form shall be supplied by the treasurer of the municipality or
of the county, as the case may be. Such treasurer shall thereupon
canvass his sinking fund for the purpose of ascertaining if there be
in his sinking fund for such municipality an amount of actual cash
over and above the amount of cash needed to pay all coupons and bonds
matured and maturing therein within the time such sinking fund will be
replenished from levies made or to be made for such judgment, or
judgments, he shall approve such claim in such amount as is neither in
excess of such claim nor in excess of the actual cash reserve
necessary for coupons and bonds as hereinbefore defined and shall
transmit it to the clerk of such municipality. For all purposes of
this act, the county clerk shall act for the county and all townships
and dependent school districts therein. Upon receipt of such claim,
the clerk shall audit the same against his own records and, if found
correct he shall approve the same and return it to such treasurer, who
shall pay the amount thereof out of such sinking fund, to the clerk of
the court out of which such judgments issued. Upon receipt thereof
such court clerk shall issue his official receipt and deposit said
funds in his official depository account, and at the same time enter a
credit in each case involved in accordance with the claim previously
made or in ratio thereto; and thereafter, upon demand by the judgment
creditor or his assignee of record, he shall make payment by his own
official voucher in the same manner as in other cases and credit the
judgment roll of such judgment with the amount of payment so made. No
poundage or other fee shall be charged or collected by the court clerk
for monies received or paid under the provisions of this act. If such
claim can be only partly paid, under this section, other claims shall
be filed from time to time thereafter, audited and paid in the same
manner. No payment by the court clerk shall be authorized to be made
to the assignee of any judgment unless such assignment, duly
acknowledged, be first entered of record in such case and on such
judgment roll.
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