Oklahoma § 12-1174 - Notice to defendant of garnishment proceedings

§ 12-1174. Notice to defendant of garnishment proceedings

A. In all cases of garnishment before judgment, the defendant

in the principal action shall be given notice of the issuance in

said action of any garnishee summons, the date of issuance of said

summons, and the name of the garnishee.

B. In all cases of garnishment for the collection of child

support, the defendant shall be given notice as required by this

section.

C. In all cases of postjudgment garnishment, the court clerk

shall attach notice, in a form prescribed by the Oklahoma Bar

Association, with the garnishment, in the manner provided by Section

1172.2 of this title that the defendant may be entitled to claim an

exemption for any assistance received pursuant to the terms of the

Federal or Oklahoma Social Security Act and other exemptions that

may be available to the defendant, and that any such claim should be

filed with the court clerk within five (5) days from receipt of

notice in a form prescribed by the Oklahoma Bar Association,

Oklahoma Statutes - Title 12. Civil Procedure

requesting a hearing as to the status of any assets which the

defendant asserts are exempt. Any proceeding to claim an exemption

initiated subsequent to five (5) days after receipt of notice shall

be by motion unless otherwise agreed by the parties.

D. The Administrative Office of the Courts shall provide public

access to both the notice and claim for exemption by providing links

to the forms on the Oklahoma State Courts Network (OSCN) website.

E. Said notification may be accomplished by:

1. Serving a copy of the garnishee summons on the defendant or

on his or her attorney of record in the manner provided for the

service of summons; or

2. Sending the notice or a copy of the garnishee summons to the

defendant or his or her attorney of record by registered or

certified mail with return receipt requested, which receipt shall be

filed in the action; or

3. Attaching the notice on the summons issued in the principal

action prior to its service; or

4. Including the notice in the publication notice when service

in the principal action is by publication; or

5. Publication one time in a newspaper of general circulation

in the county in which the action is filed at least five (5) days

prior to the date on which the garnishee's answer is due if the

defendant is a nonresident or if the defendant's whereabouts are

unknown to plaintiff.

Added by Laws 1910-11, c. 126, p. 280, § 1. Amended by Laws 1965,

c. 297, § 4; Laws 1978, c. 190, § 4, eff. Oct. 1, 1978; Laws 1982,

c. 302, § 2, operative Oct. 1, 1982; Laws 1983, c. 50, § 4, emerg.

eff. April 26, 1983; Laws 1983, c. 308, § 2, operative Oct. 1, 1983;

Laws 1986, c. 185, § 3, eff. Sept. 1, 1986; Laws 2004, c. 450, § 6,

eff. Nov. 1, 2004; Laws 2023, c. 184, § 8, eff. Nov. 1, 2023.