Oklahoma § 12-1172.1 - Prejudgment and postjudgment summons - Procedure

§ 12-1172.1. Prejudgment and postjudgment summons - Procedure

A. A garnishee summons shall not be issued in any action prior

to judgment until:

1. Defendant has been served with a notice, to which the

affidavit required by Section 1172 of this title is attached, which

notifies the defendant that the issuance of a garnishee summons is

requested and that the defendant may object to the issuance of the

summons by filing a written objection with the court clerk and

delivering or mailing a copy to the plaintiff's attorney within five

(5) days of the service of the notice. The service of the notice on

the defendant satisfies the notice requirement of Section 1174 of

this title;

2. If no written objection is filed within the five-day period,

and if the undertaking has been executed as provided herein, the

court clerk shall issue the garnishee summons;

Oklahoma Statutes - Title 12. Civil Procedure

3. Should a written objection be filed within the five-day

period, the court shall, at the request of either party, set the

matter for a prompt hearing with notice to the adverse party. If,

at the hearing, the plaintiff proves the probable merit of the

plaintiff’s cause and the truth of the matters asserted in the

affidavit and if the plaintiff executes an undertaking, as provided

herein, the court may issue the garnishee summons; and

4. An undertaking on the part of the plaintiff has been

executed by one or more sufficient sureties, approved by the clerk

or the court and filed in the clerk's office, in a sum not less than

double the amount of the plaintiff's claim, to the effect that the

plaintiff shall pay to the defendant all damages which the defendant

may sustain by reason of the garnishment, together with a reasonable

attorney's fee, if the order be wrongfully obtained.

B. If the court finds that the defendant cannot be given notice

as provided by paragraph 1 of subsection A of this section, although

a reasonable effort was made to notify the defendant, and at the

hearing the plaintiff proves the probable merit of the plaintiff’s

cause of action and the truth of the matters asserted in the

affidavit and the plaintiff has executed an undertaking as provided

herein, the court may issue a garnishee summons after which the

defendant may move to have the garnishee summons quashed. Notice of

a motion to quash, with the date of the hearing, shall be served on

the attorney for the plaintiff. The motion shall be heard promptly,

and in any case within five (5) days after the date that it is

filed. The court must grant the defendant's motion unless, at the

hearing on defendant's motion, the plaintiff proves the probable

merit of the plaintiff’s cause and the truth of the matters asserted

in the affidavit. The court clerk may issue an order to pay the

money into the court after the hearing, at the direction of the

court.

C. A prejudgment or postjudgment garnishment may be amended as

in other civil actions. Upon request of the garnishor, alias or

additional summons shall issue against the garnishee.

Added by Laws 1974, c. 71, § 2, emerg. eff. April 15, 1974. Amended

by Laws 1976, c. 87, § 4, emerg. eff. May 4, 1976; Laws 1982, c.

302, § 1, operative Oct. 1, 1982; Laws 1983, c. 50, § 1, emerg. eff.

April 26, 1983; Laws 1999, c. 293, § 13, eff. Nov. 1, 1999.