Oklahoma § 12-842 - Debtor’s appearance and answer regarding property Subpoena - Contempt citation or bench warrant upon failure to appear

§ 12-842. Debtor’s appearance and answer regarding property Subpoena - Contempt citation or bench warrant upon failure to appear

- Discovery - Attorney fee.

A. At any time after a final judgment, order, or decree is

filed, on application of the judgment creditor, a judge of the court

in which the final judgment, order, or decree was rendered shall

order the judgment debtor to appear before the judge, or a referee

appointed by the judge, at a time and place specified in the order,

to answer concerning the judgment debtor’s property. The judge may,

by order, enjoin the judgment debtor from alienating, concealing, or

Oklahoma Statutes - Title 12. Civil Procedure

encumbering any of the judgment debtor’s nonexempt property pending

the hearing and further order of the court. Upon the judgment

debtor’s disclosure of any nonexempt property, proceedings as

provided by law may be had for the application of the property to

the satisfaction of the judgment. If the judgment debtor is

personally served with an order to appear pursuant to this section,

the judge issuing the order may authorize the issuance of either a

contempt citation or a bench warrant for the judgment debtor’s

failure to comply with the order. If the judgment debtor is served

by other than personal service, the judge may authorize the issuance

of a contempt citation for the judgment debtor’s failure to comply

with the order.

B. At any time after a final judgment, order, or decree is

filed, an attorney for a judgment creditor may:

1. Subpoena the judgment debtor, pursuant to Section 2004.1 of

this title, to appear at any place in the county in which the

judgment, order, or decree was rendered, or the judgment debtor’s

county of residence, to answer concerning the judgment debtor’s

property, income, or liabilities, or to produce documents concerning

the debtor’s property, income, or liabilities. The judgment debtor

shall not be entitled to an attendance fee or mileage;

2. Subpoena any person, pursuant to Section 2004.1 of this

title, to appear at any place in the county where the person is

located, or where service may otherwise be had on the person, to

answer concerning the judgment debtor’s property, income, or

liabilities, or to produce documents concerning the judgment

debtor’s property, income, or liabilities; or

3. Serve interrogatories, requests for admissions, or request

for production of documents, pursuant to Section 3224 et. seq. of

this title, upon the judgment debtor, concerning the judgment

debtor’s property, income, or liabilities.

C. Failure by any person, without good cause, to obey a

subpoena issued and served pursuant to this section by personal

service may be deemed a contempt of the court from which the

subpoena issued.

D. In addition to sums otherwise due under a final judgment,

order, or decree if an order, subpoena, citation for failure to obey

an order to appear or discovery request is served upon the judgment

debtor or any person under this section, the judgment creditor shall

be entitled to costs of service and, if represented by an attorney,

to an attorney fee of One Hundred Dollars ($100.00) for each order

or subpoena to appear, citation for failure to obey an order or

subpoena to appear, and discovery request; provided, attorney fees

awarded pursuant to this subsection relating to a judgment, order,

or decree shall not exceed Three Hundred Dollars ($300.00) in any

calendar year.

Oklahoma Statutes - Title 12. Civil Procedure

R.L.1910, § 5190. Amended by Laws 1965, c. 300, § 2; Laws 1999, c.

293, § 8, eff. Nov. 1, 1999; Laws 2001, c. 177, § 1, eff. Nov. 1,

2001; Laws 2004, c. 450, § 2, eff. Nov. 1, 2004; Laws 2011, c. 187,

§ 3, eff. Nov. 1, 2011.