reglab/housing_qa huggingface dataset:
12 OK Stat § 12-1159 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-1159. Service of order - Custody of attached property - Filing of order.

|When the property attached is real property, the officer shall leave a copy of the order with the occupant, or, if there be no occupant, then a copy of the order shall be posted in a conspicuous place on the real property. Where it is personal property, and he can get possession, he shall take such into his custody, and hold it subject to the order of the court. |When the property attached is real property, third parties shall not be affected until a copy of the attachment order and the legal description of the real property attached shall be filed and placed of record with the county clerk of the county where the real property is located.R.L. 1910, § 4820. Amended by Laws 1980, c. 234, § 1, eff. Oct. 1, 1980.
12 OK Stat § 12-1160 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-1160. Redelivery on bond.

|The sheriff shall deliver the property attached to the person in whose possession it was found, upon the execution, by such person, in the presence of the sheriff, of an undertaking to the plaintiff, with one or more sufficient sureties, resident in the county, to the effect that the parties to the same are bound, in double the appraised value thereof, that the property, or its appraised value in money, shall be forthcoming to answer the judgment of the court in the action; but if it shall appear to the court that any part of said property has been lost or destroyed by unavoidable accident, the value thereof shall be remitted to the person so bound. |R.L. 1910, § 4821.
12 OK Stat § 12-1171 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-1171. Right to garnishment - Classes of garnishment.

|A. Any creditor shall be entitled to proceed by garnishment in any court having jurisdiction against any person whom the creditor, in good faith, believes to be indebted to the creditor's debtor or has possession or control of any property belonging to such creditor's debtor, in the cases, upon the conditions, and in the manner described by law. |B. Subject to the limitations and exceptions otherwise provided by law, there shall be two classes of garnishments:1. Prejudgment garnishments, which shall consist only of general garnishments pursuant to Section 1173.3 of this title; and2. Postjudgment garnishments, which shall consist of the following types of garnishments:a.income assignment for child support pursuant to the provisions of Section 1171.2 of this title,b.noncontinuing earnings garnishment pursuant to Section 1173 of this title,c.garnishment for collection of child support pursuant to Section 1173.2 of this title,d.general garnishment pursuant to Section 1173.3 of this title, ande.continuing earnings garnishment pursuant to Section 1173.4 of this title.R.L. 1910, § 4822. Amended by Laws 1965, c. 297, § 1; Laws 1989, c. 236, § 1, eff. July 1, 1989; Laws 1995, c. 338, § 2, eff. Nov. 1, 1995; Laws 2016, c. 248, § 1, eff. Nov. 1, 2016.
12 OK Stat § 12-1171.1 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-1171.1. Money earned from prejudgment garnishment - Exemption.

|A. Money that was earned by a natural person as wages, salary, bonus or commission for personal services shall be exempt from garnishment issued before judgment of the trial court except as provided for support in a divorce proceeding interlocutory order pursuant to this title, and as otherwise specifically provided by statute. |B. Seventy-five percent (75%) of all earnings for personal or professional services earned during the last ninety (90) days shall be exempt from garnishment except for collection of child support obligations.Added by Laws 1971, c. 158, § 1, eff. Oct. 1, 1971. Amended by Laws 1976, c. 187, § 1, emerg. eff. June 4, 1976; Laws 1978, c. 190, § 1, eff. Oct. 1, 1978.
12 OK Stat § 12-1171.2 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-1171.2. Child support payment - Income assignment or garnishment proceedings.

|A. Any person awarded custody of and support for a minor child by the district court or awarded periodic child support payments by the Department of Human Services, or the Department of Human Services on behalf of a recipient of Temporary Assistance for Needy Families or on behalf of a person not receiving Temporary Assistance for Needy Families shall be entitled to proceed to collect any current child support and child support due and owing through income assignment pursuant to the provisions of this section and Section 1171.3 of this title or Sections 240 through 240.3 of Title 56 of the Oklahoma Statutes or by garnishment, if the minor child is in the custody and care of the person entitled to receive the child support or as is otherwise provided by the court or administrative order at the time of the income assignment or garnishment proceedings. |B. The maximum part of the aggregate disposable earnings of any person for any workweek which is subject to garnishment or income assignment for the support of a minor child shall not exceed:1. Fifty percent (50%) of such person's disposable earnings for that week, if such person is supporting his spouse or a dependent child other than the child with respect to whose support such order is used; and2. Sixty percent (60%) of such person's disposable earnings for that week if such person is not supporting a spouse or dependent child.The fifty percent (50%) specified in paragraph 1 of this subsection shall be deemed to be fifty-five percent (55%) and the sixty percent (60%) specified in paragraph 2 of this subsection shall be deemed to be sixty-five percent (65%), if and to the extent that such earnings are subject to garnishment or income assignment to enforce a support order with respect to a period which is prior to the twelve-week period which ends with the beginning of such workweek.C. When responding to a notice of income assignment pursuant to Section 1171.3 of this title and a National Medical Support Notice issued pursuant to Section 118.1 of Title 43 and Section 6058A of Title 36 of the Oklahoma Statutes, the payor shall allocate available income in the following priority:1. Current child and spousal support;2. Health insurance premiums;3. Arrearages; and4. Other child support obligations.If after payment of current child and spousal support there is insufficient income to pay the premiums necessary to provide dependent health insurance, the payor shall allocate the remaining withholding to arrearages and then to other child support obligations. An obligor may voluntarily elect to have the payor withhold amounts in excess of the limits in subsection B of this section to pay the obligor’s portion of the health insurance premium for a dependent child.Added by Laws 1978, c. 190, § 2, eff. Oct. 1, 1978. Amended by Laws 1985, c. 297, § 11, operative Oct. 1, 1985; Laws 1997, c. 402, § 6, eff. July 1, 1997; Laws 2007, c. 41, § 2, eff. Nov. 1, 2007.NOTE: Laws 1997, c. 272, § 2 repealed by Laws 1998, c. 5, § 29, emerg. eff. March 4, 1998.
12 OK Stat § 12-1172 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-1172. Commencement of garnishment proceedings - Affidavit.

|A. Garnishment proceedings, whether prejudgment or postjudgment, shall be commenced by the filing of an affidavit, on a form prescribed by the Administrative Director of the Courts, stating: |1. The name(s) of the plaintiff(s);2. The name(s) of the defendant(s);3. In the case of prejudgment garnishments, the amount of the plaintiff’s original claim against the defendant or defendants over and above all offsets;4. In the case of postjudgment garnishments, the amount of the interest-bearing balance;5. In the case of postjudgment garnishments, the rate and the date the interest begins to accrue; and6. That the plaintiff verily believes that some person, naming him, whether within or without the county, is indebted to or has property in his possession or under his control belonging to the defendant, or either or any of the defendants, in the action or execution and that the indebtedness or property is, to the best of the knowledge and belief of the person making such affidavit, not by law exempt from seizure or sale upon execution.B. The affidavit may be filed by the plaintiff or the plaintiff’s attorney at or before the time of filing of a garnishment summons.C. Only one garnishee may be embraced in any affidavit or garnishment summons.R.L.1910, § 4823. Amended by Laws 1923, c. 45, p. 56, § 1; Laws 1965, c. 297, § 2; Laws 1974, c. 71, § 1, emerg. eff. April 15, 1974; Laws 1989, c. 236, § 2, eff. July 1, 1989; Laws 2004, c. 450, § 4, eff. Nov. 1, 2004.
12 OK Stat § 12-1173.2 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-1173.2. Summons - Garnishment for collection of support.

|Upon the filing of such affidavit and the undertaking and, when a hearing is required, after said hearing, where the garnishment is for the collection of support, garnishee summons shall be issued by the judge of the district court if prejudgment garnishment is sought or by the clerk of the district court if postjudgment garnishment is sought and served upon each of the garnishees, in the manner provided for service of summons, and shall be returned with proof of service within five (5) days of its date except when issued to another county it shall be returned with proof of service within ten (10) days from its date. The garnishee summons shall be on a form prescribed by the Administrative Office of the Courts. |Added by Laws 1986, c. 185, § 6, eff. Sept. 1, 1986. Amended by Laws 1990, c. 248, § 2, emerg. eff. May 21, 1990; Laws 1997, c. 272, § 6, eff. Nov. 1, 1997.
12 OK Stat § 12-1173.3 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-1173.3. General garnishment - Affidavit - Summons - Answer.

|A. A general garnishment shall be commenced by filing the affidavit provided for by Section 1172 of this title. |B. The summons required by this section shall be on a form prescribed by the Office of the Administrative Director of the Courts.C. The summons required by subsection B of this section shall be served upon the garnishee together with a copy of the judgment creditor's affidavit, a garnishee's answer form, notice of garnishment and request for hearing, and claim for exemptions in the manner provided for in Section 2004 of this title and shall be returned with proof of service within ten (10) days of its date.D. The garnishee's answer shall be on a form prescribed by the Office of the Administrative Director of the Courts.E. Within ten (10) days after service of the garnishment, the garnishee shall file its answer with the court clerk and pay or deliver to the judgment creditor's attorney or to the judgment creditor if there is no attorney the indebtedness or property belonging to or owed to the defendant, together with a copy of the answer which shall state:1. 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;2. If the garnishee shall claim any setoff, defense, other indebtedness, liability, lien, or claim to the property, the facts and circumstances;3. 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;4. 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; and5. 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.F. The garnishment summons and affidavit served on the garnishee under this section are a lien on the defendant's property due at the time of service of the summons to the extent the property is not exempt from garnishment.Added by Laws 1986, c. 185, § 7, eff. Sept. 1, 1986. Amended by Laws 1990, c. 248, § 3, emerg. eff. May 21, 1990; Laws 1995, c. 338, § 5, eff. Nov. 1, 1995.
12 OK Stat § 12-1174 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-1174. Notice to defendant of garnishment proceedings.

|A. In all cases of garnishment before judgment, the defendant in the principal action shall be given notice of the issuance in said action of any garnishee summons, the date of issuance of said summons, and the name of the garnishee. |B. In all cases of garnishment for the collection of child support, the defendant shall be given notice as required by this section.C. In all cases of postjudgment garnishment, the court clerk shall attach notice, in a form prescribed by the Administrative Director of the Courts, with the garnishment, in the manner provided by Section 1172.2 of this title that the defendant may be entitled to claim an exemption for any assistance received pursuant to the terms of the Federal or Oklahoma Social Security Act and other exemptions that may be available to the defendant, and that any such claim should be filed with the court clerk within five (5) days from receipt of notice in a form prescribed by the Administrative Director of the Courts, requesting a hearing as to the status of any assets which the defendant asserts are exempt. Any proceeding to claim an exemption initiated subsequent to five (5) days after receipt of notice shall be by motion unless otherwise agreed by the parties.D. Said notification may be accomplished by:1. Serving a copy of the garnishee summons on the defendant or on his attorney of record in the manner provided for the service of summons; or2. Sending the notice or a copy of the garnishee summons to the defendant or his attorney of record by registered or certified mail with return receipt requested, which receipt shall be filed in the action; or3. Attaching the notice on the summons issued in the principal action prior to its service; or4. Including the notice in the publication notice when service in the principal action is by publication; or5. Publication one time in a newspaper of general circulation in the county in which the action is filed at least five (5) days prior to the date on which the garnishee’s answer is due if the defendant is a nonresident or if the defendant’s whereabouts are unknown to plaintiff.Added by Laws 1910-11, c. 126, p. 280, § 1. Amended by Laws 1965, c. 297, § 4; Laws 1978, c. 190, § 4, eff. Oct. 1, 1978; Laws 1982, c. 302, § 2, operative Oct. 1, 1982; Laws 1983, c. 50, § 4, emerg. eff. April 26, 1983; Laws 1983, c. 308, § 2, operative Oct. 1, 1983; Laws 1986, c. 185, § 3, eff. Sept. 1, 1986; Laws 2004, c. 450, § 6, eff. Nov. 1, 2004.
12 OK Stat § 12-1175 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-1175. Subsequent proceedings.

|The judgment creditor may in like manner subsequently proceed against other garnishees, or against the same garnishees, upon a new affidavit, if the judgment creditor shall have reason to believe they have subsequently become liable. |R.L. 1910, § 4825. Amended by Laws 1965, c. 297, § 5; Laws 1995, c. 338, § 7, eff. Nov. 1, 1995.
12 OK Stat § 12-1177 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-1177. Trial of issue - Judgment on answer.

|The answer of the garnishee shall in all cases be conclusive of the truth of the facts therein stated, with reference to the garnishee's liability to the defendant unless the judgment creditor shall within twenty (20) days from the receipt of the garnishee's answer, from the date of the deposition of the garnishee, or from receipt of the garnishee's answers to interrogatories, whichever is later, serve upon the garnishee or the garnishee's attorney of record personally or by certified mail, return receipt requested, a notice in writing that the judgment creditor elects to take issue with the garnishee's answer; in which case, the issue shall stand for trial as a civil action in which the affidavit on the part of the judgment creditor shall be deemed the petition and the garnishee's answer the answer thereto. If an issue for trial shall be joined between the judgment creditor and a garnishee resident in another county other than that in which the action is pending, the court may, on motion, change the place of trial of such issue to the county of the garnishee's residence. The judgment creditor may, in all cases, move the court, upon the answer of the garnishee, and of the defendant, if the defendant shall also answer, for such judgment to which the judgment creditor shall be entitled, but any such judgment shall be no bar beyond the facts stated in the answer. |R.L. 1910, § 4827. Amended by Laws 1965, c. 297, § 7; Laws 1995, c. 338, § 8, eff. Nov. 1, 1995.
12 OK Stat § 12-1178 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-1178. Garnishee's affidavit where garnishment summons on earnings.

|A. For the purposes of this section, "earnings" means any form of payment to an individual including, but not limited to, salary, wages, commission, or other compensation, but does not include reimbursement for travel expenses for state employees. |B. Where the garnishment summons is on earnings and is issued under Section 1173 of this title, the garnishee shall, within seven (7) days after the end of defendant's present pay period or where a payment of earnings is due, or thirty (30) days from the service of the summons, whichever is earlier, 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 or the judgment creditor's attorney of record. The affidavit shall state:1. Whether the garnishee was the employer of or indebted or under any liability to the defendant named in the notice in any manner or upon any account for earnings or wages, specifying, as applicable, the beginning and ending dates of the pay period existing at the time of the service of the garnishee summons, the total amounts earned in the pay period, 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. If the garnishee shall claim any setoff, defense, other indebtedness, liability, lien, or claim to such property, the facts and circumstances in the affidavit;3. 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;4. 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; and5. The garnishee shall state that he has mailed or hand-delivered a copy of the notice of garnishment and exemptions, application for hearing, and the manner and date of compliance.C. The garnishee's answer shall be on a form prescribed by the Administrative Office of the Courts.R.L. 1910, § 4828. Amended by Laws 1965, c. 297, § 8; Laws 1976, c. 87, § 7, emerg. eff. May 4, 1976; Laws 1982, c. 302, § 3, operative Oct. 1, 1982; Laws 1983, c. 50, § 5, emerg. eff. April 26, 1983; Laws 1986, c. 185, § 5, eff. Sept. 1, 1986; Laws 1990, c. 248, § 6, emerg. eff. May 21, 1990; Laws 1995, c. 338, § 9, eff. Nov. 1, 1995.
12 OK Stat § 12-1178.1 (2021)
2021 Oklahoma Statutes|Title 12. Civil Procedure|§12-1178.1. Summons for collection of support - Affidavit - Garnishee's answer.

|A. For the purposes of this section, "wages" or "earnings" means any form of payment to an individual including, but not limited to, salary, commission, or other compensation, but does not include reimbursement for travel expenses for state employees. |B. Where the garnishment summons is for the collection of support and is issued under Section 1173.2 of this title, the garnishee shall, within ten (10) days from the service of the garnishee's summons or within seven (7) days after the end of defendant's current pay period or thirty (30) days from the date of service of this summons, whichever is earlier, 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 the employer of or indebted or under any liability to the defendant named in the notice in any manner or upon any account for earnings or wages specifying, as applicable, the beginning and ending dates of the pay period existing at the time of the service of the affidavit and summons, the total amounts earned in the pay period 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.C. The answer of the garnishee shall be on a form prescribed by the Administrative Office of the Courts.Added by Laws 1986, c. 185, § 8, eff. Sept. 1, 1986. Amended by Laws 1990, c. 248, § 7, emerg. eff. May 21, 1990; Laws 1995, c. 338, § 10, eff. Nov. 1, 1995; Laws 1997, c. 272, § 7, eff. Nov. 1, 1997.