Oklahoma § 12-1178.2 - General garnishee summons - Affidavit - Garnishee's

§ 12-1178.2. General garnishee summons - Affidavit - Garnishee's

answer.

A. Where the garnishment summons is not on earnings, is not for

the collection of child support and is issued under Section 1173.3

of this title, then unless the garnishee shall make the affidavit

provided for in Section 1176 of this title, the garnishee shall,

within ten (10) days from the service of the garnishee's summons,

file an affidavit with the clerk of the court in which the action is

pending and deliver or mail a copy thereof to the judgment

creditor's attorney or to the judgment creditor if there is no

attorney. The affidavit shall state:

Oklahoma Statutes - Title 12. Civil Procedure

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

the defendant named in the notice in any manner or upon any account

specifying if indebted or liable, the amount, the interest thereon,

the manner in which evidenced, when payable, whether an absolute or

contingent liability and all of the facts and circumstances

necessary to a complete understanding of such indebtedness or

liability. 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. 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;

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

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

and circumstances in the affidavit;

4. 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;

5. 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

6. 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.

B. The answer of the garnishee 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.

Added by Laws 1986, c. 185, § 9, eff. Sept. 1, 1986. Amended by

Laws 1995, c. 338, § 11, eff. Nov. 1, 1995; Laws 1996, c. 339, § 2,

eff. Nov. 1, 1996; Laws 2023, c. 184, § 11, eff. Nov. 1, 2023.