Oklahoma § 12-1173 - Noncontinuing earnings garnishment - Summons - Answer Priority of lien

§ 12-1173. Noncontinuing earnings garnishment - Summons - Answer Priority of lien

A. Any judgment creditor may obtain a noncontinuing lien on

earnings. For the purposes of this section, "earnings" means any

form of payment to an individual including, but not limited to,

salary, commission, or other compensation, but does not include

reimbursements for travel expenses for state employees.

B. A noncontinuing earnings garnishment shall be commenced by

filing the affidavit provided for by Section 1172 of this title.

C. The form for the summons required by this section shall be

prescribed by the Oklahoma Bar Association. The Administrative

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

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

(OSCN) website.

D. The summons shall be served upon the garnishee, together

with a copy of the judgment creditor's affidavit, a garnishee's

answer form, notice of garnishment and request for hearing, and

claim for exemptions, in the manner provided for in Section 2004 of

this title and shall be returned with proof of service within ten

(10) days of its date.

E. The garnishee's answer shall be on a form prescribed by the

Oklahoma Bar Association. The Administrative Office of the Courts

shall provide public access to the garnishee's answer by providing a

link to the form on the Oklahoma State Courts Network (OSCN)

website.

F. Within seven (7) days after the end of the defendant's thencurrent pay period or thirty (30) days from the date of service of

the garnishment summons, whichever is earlier, the garnishee shall

file the answer with the court clerk and the garnishee shall pay the

amount withheld from the pay period to the judgment creditor's

attorney or to the judgment creditor, if there is no attorney, with

a copy of the answer which shall state:

1. Whether the garnishee was the employer of or indebted or

under any liability to the defendant named in the notice in any

manner or upon any account for earnings or wages, specifying, as

applicable, the beginning and ending dates of the pay period

existing at the time of the service of the affidavit and summons,

the total amounts earned in the pay period, and all of the facts and

circumstances necessary to a complete understanding of the

indebtedness or liability. When the garnishee shall be in doubt

respecting the liability or indebtedness, the garnishee may set

forth all of the facts and circumstances concerning the same, and

submit the question to the court;

Oklahoma Statutes - Title 12. Civil Procedure

2. If the garnishee shall claim any setoff, defense, other

indebtedness, liability, lien, or claim to the property, the facts

and circumstances in the affidavit;

3. At the garnishee's option, any claim of exemption from

execution on the part of the defendant or other objection known to

the garnishee against the right of the judgment creditor to apply

the indebtedness or property disclosed;

4. If the garnishee shall disclose any indebtedness or the

possession of any property to which the defendant or any other

person makes claim, at the garnishee's option, the names and

addresses of other claimants and, so far as known, the nature of the

claims; and

5. That the garnishee has mailed or hand-delivered a copy of

the notice of garnishment and exemptions, application for hearing,

and the manner and date of compliance.

G. The garnishment summons served on the garnishee under this

section is a lien on the defendant's property due at the time of

service or the effective date of the summons to the extent the

property is not exempt from garnishment.

H. 1. A garnishment lien under this section has priority over

any subsequent garnishment lien or garnishment summons served on the

garnishee.

2. When a garnishment summons is served under this section on a

garnishee while a previous garnishment lien is still in effect, the

garnishee shall answer the subsequent garnishment lien or

garnishment summons by stating that the garnishee is presently

holding defendant's property under a previous garnishment lien or

garnishment summons and by giving the date when all previous

garnishment liens or garnishment summonses are expected to end.

I. 1. When a postjudgment noncontinuing earnings garnishment

under this section or a continuing earnings garnishment under

Section 1173.4 of this title is issued against a defendant already

subject to an income assignment for child support, the garnishee

shall determine the maximum percentage of the defendant's disposable

earnings according to the provisions of Section 1171.2 of this title

and then deduct from that percentage the actual percentage of the

defendant's disposable earnings actually withheld under the income

assignment. The resulting percentage shall be the amount to be

withheld by the garnishee, not to exceed twenty-five percent (25%).

2. For any involuntary legal or equitable procedures through

which the earnings of any individual are required to be withheld for

the payment of any debt which has statutory priority over this

section, the amount withheld pursuant to a garnishment under this

section shall be reduced by the actual sums withheld pursuant to

such other involuntary process.

J. A noncontinuing earnings garnishment may be suspended or

modified by the judgment creditor upon agreement with the judgment

Oklahoma Statutes - Title 12. Civil Procedure

debtor, which agreement shall be in writing and filed by the

judgment creditor with the clerk of the court in which the judgment

was entered. A copy of such agreement shall be mailed by first

class mail to the garnishee, postage prepaid by judgment creditor.

R.L. 1910, § 4824. Amended by Laws 1965, c. 297, § 3; Laws 1974, c.

71, § 3, emerg. eff. April 15, 1974; Laws 1976, c. 87, § 5, emerg.

eff. May 4, 1976; Laws 1978, c. 190, § 3, eff. Oct. 1, 1978; Laws

1982, c. 159, § 1, emerg. eff. April 12, 1982; Laws 1983, c. 50, §

3, emerg. eff. April 26, 1983; Laws 1984, c. 22, § 1, emerg. eff.

March 20, 1984; Laws 1985, c. 297, § 14, operative Oct. 1, 1985;

Laws 1986, c. 185, § 2, eff. Sept. 1, 1986; Laws 1990, c. 248, § 1,

emerg. eff. May 21, 1990; Laws 1995, c. 338, § 4, eff. Nov. 1, 1995;

Laws 1999, c. 293, § 14, eff. Nov. 1, 1999; Laws 2011, c. 187, § 5,

eff. Nov. 1, 2011; Laws 2023, c. 184, § 4, eff. Nov. 1, 2023.