Oklahoma § 31-1.1 - Earnings from personal services - Exemption from process Order

§ 31-1.1. Earnings from personal services - Exemption from process Order

A. Following the issuance of an execution, attachment, or

garnishment, except process to collect a judgment or order for child

support or maintenance of children or in cases in which the court

has limited or reduced the application of this section pursuant to

Section 142.18 of Title 21 of the Oklahoma Statutes, the debtor may

file with the court an application requesting a hearing to exempt

from such process by reason of undue hardship that portion of any

earnings from personal services necessary for the maintenance of a

family or other dependents supported wholly or partially by the

labor of the debtor. A debtor with no family or other dependents

may not claim an exemption under this section. A hearing on the

application shall be set and conducted in the manner provided by

Section 1172.2 of Title 12 of the Oklahoma Statutes and subsection C

of Section 1174 of Title 12 of the Oklahoma Statutes.

B. In determining the existence of an undue hardship, the court

should consider the income and expenses of the family and other

dependents, and the standard of living created by the income and

expenses. The court should also consider the standard of living in

relationship to the minimal subsistence needs of the debtor’s family

and other dependents, with comparison to the minimal subsistence

standards in the community, in regard to basic shelter, food,

clothing, personal necessities and transportation. The court should

then determine if the lack of the funds sought to be exempt would be

an undue hardship by creating less than a minimal level of

subsistence. If deprivation of these earnings would create an undue

hardship on the debtor and the family or other dependents the debtor

supports, the court may:

1. Order all or a portion of the personal earnings exempt; or

2. In the case of a continuing earnings garnishment pursuant to

Section 1173.4 of Title 12 of the Oklahoma Statutes, exempt all or a

portion of the personal earnings withheld within the thirty (30)

days preceding the filing of the claim for exemption or modify or

stay the garnishment for a period of time not to exceed the

remainder of the term of the garnishment.

Added by Laws 1965, c. 301, § 1. Amended by Laws 1983, c. 50, § 6,

emerg. eff. April 26, 1983; Laws 1990, c. 248, § 9, emerg. eff. May

21, 1990; Laws 1993, c. 325, § 20, emerg. eff. June 7, 1993; Laws

1995, c. 338, § 19, eff. Nov. 1, 1995; Laws 2004, c. 450, § 7, eff.

Nov. 1, 2004.

Oklahoma Statutes - Title 31. Homestead and Exemptions