reglab/housing_qa huggingface dataset:
12 OK Stat § 12-1178.2 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§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: |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; and6. 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 Administrative Office of the Courts.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.
12 OK Stat § 12-1179 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§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 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.
12 OK Stat § 12-1180 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-1180. Persons authorized to make answer.

|The answer of a corporation summoned as a garnishee may be made by any officer or attorney thereof; and of any other garnishee may be made by any agent or attorney of the garnishee. |R.L. 1910, § 4830. Amended by Laws 1965, c. 297, § 10; Laws 1968, c. 259, § 1, emerg. eff. April 29, 1968; Laws 1995, c. 338, § 13, eff. Nov. 1, 1995.
12 OK Stat § 12-1181 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-1181. Mutual defense by garnishee and defendant.

|At any time before final order or judgment against the garnishee, the defendant may in all cases, by answer duly verified defend the proceedings against any garnishee, upon the ground that the indebtedness of the garnishee, or any property held by him, is exempt from execution against such defendant, or for any other reason is not liable to garnishment; or upon any ground upon which a garnishee might defend the same; and may participate in the trial of any issue between the plaintiff and garnishee for the protection of his interests. The garnishee may at his option, defend the principal action for the defendant, if the latter does not, but shall be under no obligations so to do. |R.L. 1910, § 4831. Amended by Laws 1965, c. 297, § 11.
12 OK Stat § 12-1182 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-1182. Proceedings deemed actions - Judgment and enforcement - Trial and dismissal - Unmatured or unliquidated debts.

|The proceedings against a garnishee shall be deemed an action by the judgment creditor against garnishee and defendant, as parties defendant, and all of the provisions for enforcing judgment shall be applicable thereto. No trial shall be had of the garnishee action until the judgment creditor shall have judgment in the principal action, and if the defendant have judgment, the garnishee action shall be dismissed with costs, unless the judgment creditor shall perfect an appeal according to law, in which event the garnishment proceeding shall be continued until the disposition of the appeal, and it shall not be necessary to appeal the garnishment proceedings, or make the garnishee a party to the appeal. The court shall render such judgment in all cases as shall be just to all of the parties and shall properly protect their respective interests, and may adjudge the recovery of any indebtedness, the conveyance, transfer, or delivery to the sheriff, or any officer appointed by the judgment, of any property disclosed or found to be liable to be applied to the judgment creditor's demand, or by the judgment pass the title thereto; and may therein, or by its order when proper, direct the manner of making sale and of disposing of the proceeds thereof, or of any money or other things paid over or delivered to the clerk or officer. The judgment against a garnishee shall acquit and discharge from all demands by the defendant or the defendant's representatives for all moneys, goods, effects, or credits paid, delivered or accounted for by the garnishee by force of such judgment; provided, it shall be no defense to proceedings against a garnishee that the debt owing by the garnishee to the defendant was unliquidated or was not due. |R.L. 1910, § 4832. Amended by Laws 1913, c. 121, p. 232, § 1; Laws 1965, c. 297, § 12; Laws 1995, c. 338, § 14, eff. Nov. 1, 1995.
12 OK Stat § 12-1183 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-1183. Examination of garnishee.

|The garnishee may be examined by the judgment creditor in any manner prescribed by the Oklahoma Discovery Code. Discovery may commence at any time after the service of the garnishee summons. If the garnishee is a corporation, any principal officer thereof may be so examined. Within forty-five (45) days after the filing of the answer affidavit by the garnishee, the judgment creditor may commence discovery concerning any matter contained in the answer or germane to any liability on the garnishee's part to the principal defendant. A copy of the discovery request or notice of deposition and such statement shall be served upon the garnishee or the garnishee's attorney of record in the manner provided for service of summons. The garnishee within twenty (20) days of the date of service of a discovery request shall deliver by mail a copy to the judgment creditor or the judgment creditor’s attorney of record, full and true answers to all discovery requests, verified by affidavit, in the manner prescribed by the Oklahoma Discovery Code. |R.L.1910, § 4833. Amended by Laws 1965, c. 297, § 13; Laws 1995, c. 338, § 15, eff. Nov. 1, 1995; Laws 1999, c. 293, § 16, eff. Nov. 1, 1999; Laws 2011, c. 187, § 7, eff. Nov. 1, 2011.
12 OK Stat § 12-1184 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-1184. Disclaimer by garnishee - Interpleading interested party.

|When the answer of the garnishee shall disclose that any other person than the defendant claims the indebtedness or property in his hands, and the name and residence of such claimant, the court may, on motion, order that such claimant be interpleaded, as a defendant to the garnishee action; and that notice thereof, setting forth the facts, with a copy of such order, in such form as the court shall direct, be served upon him; and that after such service shall have been made, the garnishee may pay or deliver to the officer or the clerk such indebtedness or property, and have a receipt therefor, which shall be a complete discharge from all liability to any party for the amount paid or property so delivered. Such notice shall be served in the manner required for service of a summons in a civil action, and may be made without the state, or by publication thereof, if the order shall so direct. Upon such service being made, such claimant shall be deemed a defendant to the garnishee action and within ten (10) days shall answer, setting forth his claim or any defense which the garnishee might have made. In case of default, judgment may be rendered, which shall conclude any claim upon the part of such defendant. |R.L. 1910, § 4834. Amended by Laws 1965, c. 297, § 14.
12 OK Stat § 12-1185 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-1185. Liability of garnishee.

|From the time of the service of the summons upon the garnishee he shall stand liable to the plaintiff to the amount of the property, monies, credits and effects in his possession or under his control, belonging to the defendant or in which he shall be interested, to the extent of his right or interest therein, and of all debts due or to become due to the defendant, except such as may be by law exempt from execution. Any property, monies, credits and effects held by a conveyance or title void as to the creditors of the defendant, shall be embraced in such liability. In case such monies, credits and effects in the possession or under the control of the garnishee shall exceed the amount of the plaintiff's claim, the garnishee shall stand liable to the plaintiff only for the amount of the plaintiff's claim as disclosed by the garnishment affidavit, together with such further amount as shall be equal to all costs and damages, which the plaintiff may recover in the action and garnishment proceedings. |R.L. 1910, § 4835.
12 OK Stat § 12-1186 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-1186. Garnishee not liable for what - Judgment on unmatured obligation.

|No judgment shall be rendered upon a liability of the garnishee arising -- |First, By reason of his having drawn, accepted, made, endorsed or guaranteed any negotiable bill, draft, note, or other security.Second, By reason of any money or other thing received or collected by him as sheriff or other officer, by force of an execution or other legal process in favor of the defendant.Third, By reason of any money in his hands as a public officer, and for which he is accountable to the defendant merely as such officer.Fourth, By reason of any money or other thing owing from him to the defendant, unless before judgment against the defendant it shall become due absolutely and without depending on any future emergency. Judgment may be given for any money or other thing owing, although it has not become payable, in which case the garnishee shall not be required to pay or deliver it before the time appointed by the contract.R.L. 1910, § 4836.
12 OK Stat § 12-1187 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-1187. Action by defendant against garnishee.

|No action shall be commenced by the defendant or his assignee against a garnishee upon any claim or demand liable to garnishment, or to recover any property garnished, or execution be issued upon a judgment in favor of defendant against such garnishee subsequent to the service of the garnishee summons upon him, until the termination of the garnishee action; and if an action shall have been commenced or an execution issued, it shall be stayed by the court or a judge thereof, upon the garnishee's application; except that upon cause shown, the court or a judge may by order permit the commencement of such an action, or the issue of an execution, or the further prosecution of one stayed. |R.L. 1910, § 4837.
12 OK Stat § 12-1188 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-1188. Bond by defendant.

|The defendant may, at any time after the garnishment affidavit is filed, and before judgment, file with the clerk of the court an undertaking, executed by at least two sureties, resident freeholders of the state, to the effect that they will, on demand, pay to the plaintiff the amount of the judgment that may be recovered against such defendant in the action, with all costs not exceeding a sum specified, which sum shall not be less than double the amount demanded by the complaint on file, or in such less sum as the court shall, upon application, direct. The sureties shall justify their responsibility by affidavit annexed stating a sum which each is worth, in property within this state, over and above all his debts and liabilities and property exempt from execution, the aggregate of which sums shall be double the amount specified in the undertaking. The defendant shall serve a copy of such undertaking, with a notice where and when the same was filed, on the plaintiff. Within three (3) days after the receipt thereof the plaintiff shall give notice to the defendant that he excepts to the sufficiency of the sureties, or he shall be deemed to have waived all objections to them. |R.L. 1910, § 4838.
12 OK Stat § 12-1189 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-1189. Justification of sureties - Garnishees discharged.

|When the plaintiff excepts, the sureties shall appear for justification before the judge of the district court or the county judge of the county in which the action is brought, at a time and place to be mentioned in the notice given by the plaintiff, and may be examined on oath on the part of the plaintiff touching their sufficiency, in such manner as the judge in his discretion may think proper. The examination shall be reduced to writing and subscribed by the sureties, if required by the plaintiff. If the judge find the sureties sufficient he shall annex the examination to the undertaking, endorse his allowance thereon, and cause them to be filed with the clerk of the district court. Thereafter all the garnishees shall be discharged, and the garnishment proceedings shall be deemed discontinued, and any money or property paid or delivered to any officer shall be surrendered to the person entitled thereto, and the costs shall be taxable as disbursements of the plaintiff in the action if he recovers. The judge may in his discretion require the costs of the justification before him, including fees to the sureties as witnesses, to be forthwith paid by the party requiring justification. |R.L. 1910, § 4839.
12 OK Stat § 12-1192 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-1192. Garnishment of money due from state, county or municipality - Exceptions.

|That it shall be lawful for any creditor of any person, firm or corporation in this state, to whom the state or any county, city, town, school board, board of education or any municipal subdivision of the state is indebted, to cause a garnishment to issue to, and to garnishee sums, wages or other sums due such creditor of the state or such municipality to the same extent and in like manner as if such creditor of the state or such municipality was a creditor of a private individual, firm or corporation; provided, however, that such officer or employee of said state, county or municipality shall be entitled to the exemptions as to amount of such wages, salary, fund or compensation due thereto, as is exempt from attachment, execution or garnishment in favor of officers or employees of private individuals or corporations. |Added by Laws 1925, c. 33, p. 51, § 1.
12 OK Stat § 12-1193 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§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 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.
12 OK Stat § 12-1194 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-1194. State or political subdivisions as garnishee - Judgments.

|No judgment shall be rendered against the state, or any county, city, town, board of education, school board or any municipal subdivision of the state named as garnishee, but judgment may be rendered against any person served pursuant to Section 1193 of this title, who shall willfully fail, neglect or refuse to answer garnishment summons; provided, no person employed by the state or any county, city, town, board of education, school board, or any municipal subdivision of the state shall be held personally liable unless the failure, neglect, or refusal to answer is willful. |Added by Laws 1925, c. 33, p. 51, § 3, emerg. eff. Feb. 23, 1925. Amended by Laws 1965, c. 297, § 16; Laws 2005, c. 78, § 1, eff. Nov. 1, 2005.
12 OK Stat § 12-1195 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-1195. Garnishment bond not required when state is plaintiff.

|That in all actions in which the State of Oklahoma is party plaintiff, no garnishment bond shall be required of the plaintiff, but that garnishment writ shall issue upon the filing of proper affidavits, as provided by law. |Added by Laws 1923, c. 74, p. 141, § 1, emerg. eff. March 31, 1923.
12 OK Stat § 12-1196 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-1196. Judgment - Garnishee liability to defendant.

|If the plaintiff takes issue with the answer of the garnishee, the plaintiff may have a copy of the garnishee's answer and a copy of the plaintiff's notice which takes issue with the answer served on the defendant. If the defendant is served copies of the garnishee's answer and the plaintiff's notice, the determination of the court as to the liability of the garnishee to the defendant will be binding on the defendant in any future action involving him and the garnishee whether or not the defendant participates in the trial of the issues raised by the garnishee's answer. |Added by Laws 1976, c. 87, § 9, emerg. eff. May 4, 1976.
12 OK Stat § 12-1221 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-1221. Different attachments of same property.

|Different attachments of the same property may be made by the same officer, and one inventory and appraisement shall be sufficient; and it shall not be necessary to return the same with more than one order. |R.L. 1910, § 4842.
12 OK Stat § 12-1222 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-1222. Subsequent attachment.

|Where property is under attachment, it shall be attached under subsequent orders, as follows: |First, if it be real property, it shall be attached in the same manner prescribed in Section 4820.Second, if it be personal property, it shall be attached as in the hands of an officer, and subject to any previous attachment.Third, if the same person or corporation be made a garnishee, a copy of the order and notice shall be left with him in the manner prescribed in Section 4841.R.L. 1910, § 4843.
12 OK Stat § 12-1223 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-1223. Return of order.

|The officer shall return, upon every order of attachment, what he has done under it. The return must show the property attached, and the time it was attached; when garnishees are served, their names, and the time each was served, must be stated. The officer shall also return with the order all undertakings given under it. |R.L. 1910, § 4844.