Oklahoma § 12-1193 - Summons - Service when state, state department or

§ 12-1193. Summons - Service when state, state department or

institution, county or municipality garnished - Warrants.

Where the state is garnisheed, service shall be made by summons,

as in other cases, upon the officer having control of the department

or institution which caused the state to become indebted to the

defendant in the case in which the garnishment summons is issued.

Where the state department is under the control of a board or

commission, service of the garnishment summons may be had upon

either the chairman or the secretary of said board or commission.

Service upon the officer having control of a state institution shall

be had upon the president of the school, college or university, the

superintendent of the institution, or the warden of the penitentiary

or reformatory involved, although such persons may not be

technically officers. It is the intent and purpose of this section

that the officer, board or commission which caused the state to

become indebted, and whose duty it is to see that the indebtedness

is paid, shall be the agency of the state upon which the garnishment

summons shall be served. Upon request of any such agency of the

state, the State Treasurer shall draw warrants, or cancel warrants

already drawn by him, and reissue same in such amounts as will

enable the agency of the state served to comply with the garnishment

proceedings. The State Treasurer shall not deliver any warrant

direct to the payee thereof, but he shall in every instance deliver

warrants drawn by him to the agency of the state which caused the

indebtedness, to be paid by the warrant, to be incurred. Provided,

that when a state officer not under the control of a state

department or institution of the state is the defendant, service of

garnishment shall be made by summons, as in other cases, upon the

State Treasurer. Where the county is garnisheed, service shall be

made by summons, as in other cases, upon the county clerk; where a

Oklahoma Statutes - Title 12. Civil Procedure

city is garnisheed, service shall be made by summons, as in other

cases, upon the city clerk; where towns are garnisheed, service

shall be made by summons, as in other cases, upon the town clerk;

where townships are garnisheed, service shall be made by summons, as

in other cases, upon the township clerk; where township government

has heretofore been abolished and the functions and powers of

township government are being performed by a board of county

commissioners, service herein shall be made by summons, as in other

cases, upon the county clerk; where school boards or board of

education are garnisheed, service herein shall be made by summons,

as in other cases, upon the clerk of such boards.

Added by Laws 1925, c. 33, p. 51, § 2. Amended by Laws 1939, p. 1,

§ 1; Laws 1949, p. 97, § 1; Laws 1979, c. 47, § 5, emerg. eff. April

9, 1979.