Oklahoma § 12-1177 - Trial of issue - Judgment on answer

§ 12-1177. Trial of issue - Judgment on answer

The answer of the garnishee shall in all cases be conclusive of

the truth of the facts therein stated, with reference to the

garnishee's liability to the defendant unless the judgment creditor

shall within twenty (20) days from the receipt of the garnishee's

answer, from the date of the deposition of the garnishee, or from

Oklahoma Statutes - Title 12. Civil Procedure

receipt of the garnishee's answers to interrogatories, whichever is

later, serve upon the garnishee or the garnishee's attorney of

record personally or by certified mail, return receipt requested, a

notice in writing that the judgment creditor elects to take issue

with the garnishee's answer; in which case, the issue shall stand

for trial as a civil action in which the affidavit on the part of

the judgment creditor shall be deemed the petition and the

garnishee's answer the answer thereto. If an issue for trial shall

be joined between the judgment creditor and a garnishee resident in

another county other than that in which the action is pending, the

court may, on motion, change the place of trial of such issue to the

county of the garnishee's residence. The judgment creditor may, in

all cases, move the court, upon the answer of the garnishee, and of

the defendant, if the defendant shall also answer, for such judgment

to which the judgment creditor shall be entitled, but any such

judgment shall be no bar beyond the facts stated in the answer.

R.L. 1910, § 4827. Amended by Laws 1965, c. 297, § 7; Laws 1995, c.

338, § 8, eff. Nov. 1, 1995.