Oklahoma § 12-1173.3 - General garnishment - Affidavit - Summons - Answer

§ 12-1173.3. General garnishment - Affidavit - Summons - Answer

A. A general garnishment shall be commenced by filing the

affidavit provided for by Section 1172 of this title.

B. The summons required by this section shall be on a form

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.

C. The summons required by subsection B of this section shall

be served upon the garnishee together with a copy of the judgment

Oklahoma Statutes - Title 12. Civil Procedure

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.

D. 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.

E. Within ten (10) days after service of the garnishment, the

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

deliver to the judgment creditor's attorney or to the judgment

creditor if there is no attorney the indebtedness or property

belonging to or owed to the defendant, together with a copy of the

answer which shall state:

1. Whether the garnishee was indebted or under any liability to

or had in garnishee's possession or control, any property belonging

to the defendant. When the garnishee shall be in doubt respecting

any such liability or indebtedness, the garnishee may set forth all

of the facts and circumstances concerning the same, and submit the

question to the court;

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

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

and circumstances;

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 such 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.

F. The garnishment summons and affidavit served on the

garnishee under this section are a lien on the defendant's property

due at the time of service of the summons to the extent the property

is not exempt from garnishment.

Added by Laws 1986, c. 185, § 7, eff. Sept. 1, 1986. Amended by

Laws 1990, c. 248, § 3, emerg. eff. May 21, 1990; Laws 1995, c. 338,

§ 5, eff. Nov. 1, 1995; Laws 2023, c. 184, § 6, eff. Nov. 1, 2023.