Oklahoma § 12-1179 - Failure of garnishee to answer

§ 12-1179. Failure of garnishee to answer

If any garnishee, having been duly summoned, shall fail to file

and deliver or mail the answer as required by Sections 1172.2, 1178,

1178.1 or 1178.2 of this title, to appear for deposition or to

answer interrogatories as provided in Section 1183 of this title,

the court shall enter an order to the garnishee to file and deliver

or mail the answer, to appear for deposition, or to answer the

Oklahoma Statutes - Title 12. Civil Procedure

interrogatories within a time prescribed by the court, not to be

less than seven (7) days, in the order and also to deliver within

the same period of time to the court or the judgment creditor any

money or property of defendant that the garnishee is required to pay

or deliver under this title. The court shall also direct the manner

in which notice of the order shall be given to the garnishee. The

order for giving notice shall specify a manner of giving notice

which is calculated to be most likely to give actual notice to the

garnishee or its managing officers, directors, or agents. The order

shall specifically inform the garnishee that the garnishee has

failed to respond to the summons and shall specifically advise the

garnishee that judgment will be rendered against it in the principal

amount of the judgment against the defendant plus costs, which

amounts will be specified, upon failure to conform with the

requirements of the order. If the garnishee shall fail to file and

deliver or mail the answer affidavit as required in the order,

appear for deposition, or to answer interrogatories as provided in

the order, then the court shall render judgment against the

garnishee for the amount of the judgment and costs due the judgment

creditor from the defendant in the principal action together with

the costs of the garnishment, including a reasonable attorney's fee

to the judgment creditor for prosecuting the garnishment. The

garnishee may also be subject to punishment for contempt; provided,

however, the court shall have power to vacate or modify any order

issued pursuant to this section in the manner provided in Sections

1031 or 1031.1 of this title.

R.L. 1910, § 4829. Amended by Laws 1965, c. 297, § 9; Laws 1976, c.

87, § 8, emerg. eff. May 4, 1976; Laws 1992, c. 156, § 1, eff. Sept.

1, 1992; Laws 1995, c. 338, § 12, eff. Nov. 1, 1995.