Oklahoma § 12-1172

§ 12-1172.

Repealed by Laws 2000, c. 384, § 22, eff. Nov. 1, 2000.

Commencement of garnishment proceedings - Affidavit.

Oklahoma Statutes - Title 12. Civil Procedure

A. Garnishment proceedings, whether prejudgment or

postjudgment, shall be commenced by the filing of an affidavit, on a

form prescribed by the Oklahoma Bar Association. The Administrative

Office of the Courts shall provide public access to the affidavit by

providing a link to the form on the Oklahoma State Courts Network

(OSCN) website, stating:

1. The name(s) of the plaintiff(s);

2. The name(s) of the defendant(s);

3. In the case of prejudgment garnishments, the amount of the

plaintiff's original claim against the defendant or defendants over

and above all offsets;

4. In the case of postjudgment garnishments, the amount of the

interest-bearing balance;

5. In the case of postjudgment garnishments, the rate and the

date the interest begins to accrue; and

6. That the plaintiff verily believes that some person, naming

him or her, whether within or without the county, is indebted to or

has property in his or her possession or under his or her control

belonging to the defendant, or either or any of the defendants, in

the action or execution and that the indebtedness or property is, to

the best of the knowledge and belief of the person making such

affidavit, not by law exempt from seizure or sale upon execution.

B. The affidavit may be filed by the plaintiff or the

plaintiff's attorney at or before the time of filing of a

garnishment summons.

C. Only one garnishee may be embraced in any affidavit or

garnishment summons.

R.L. 1910, § 4823. Amended by Laws 1923, c. 45, p. 56, § 1; Laws

1965, c. 297, § 2; Laws 1974, c. 71, § 1, emerg. eff. April 15,

1974; Laws 1989, c. 236, § 2, eff. July 1, 1989; Laws 2004, c. 450,

§ 4, eff. Nov. 1, 2004; Laws 2023, c. 184, § 3, eff. Nov. 1, 2023.