reglab/statecodes huggingface dataset:
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-1147.5. Trust in proceeds of sale.

Upon confirming the sale of real estate under the provisions of Section 1147.4 of this title, the court shall direct that the proceeds of the sale, including any purchase money mortgage which may be accepted as a part of the purchase price, less any costs chargeable against the same, constitute a trust to be managed and invested under the continuing jurisdiction of the court and, except as may be otherwise directed by the court, in accordance with the provisions of the Oklahoma Trust Act and the Oklahoma Uniform Prudent Investor Act. The trustee appointed to make said sale may be continued as trustee for the administration of the trust or the court may appoint a different trustee for the purpose of administering the trust. In the order of confirmation of sale and the appointment of the trustee to administer the trust, the court shall make appropriate provisions with respect to the term during which the trust shall be administered and how the income and principal thereof shall be distributed.
Added by Laws 1953, p. 59, § 5, emerg. eff. June 1, 1953. Amended by Laws 1995, c. 351, § 17, eff. Nov. 1, 1995.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-1147.6. Fees and costs.

The court shall fix all fees and costs including reasonable compensation for the guardian or guardians ad litem and trustee and assess the same against the trust assets or, in the event the sale is not made, against the parties to the proceedings who are sui juris as equity may require.
Added by Laws 1953, p. 58, § 6, emerg. eff. June 1, 1953.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-1148.1. Jurisdiction - Forcible entry and detention - Joinder of actions - Judgments no bar.

The district court shall have jurisdiction to try all actions for the forcible entry and detention, or detention only, of real property, and claims for the collection of rent or damages to the premises, or claims arising under the Oklahoma Residential Landlord and Tenant Act, may be included in the same action, but other claims may not be included in the same action. A judgment in an action brought under this act shall be conclusive as to any issues adjudicated therein, but it shall not be a bar to any other action brought by either party.
Added by Laws 1968, c. 172, § 1, eff. Jan. 13, 1969. Amended by Laws 1978, c. 257, § 36, eff. Oct. 1, 1978.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-1148.2. Powers of court.

The court shall have power to inquire, in the manner hereinafter directed, as well against those who make unlawful and forcible entry into lands and tenements, and detain the same, as against those who, having a lawful and peaceable entry into land or tenements, unlawfully and by force hold the same, and if it be found, upon such inquiry, that an unlawful and forcible entry has been made, and that the same lands and tenements are held unlawfully, then the court shall cause the party complaining to have restitution thereof.
Added by Laws 1968, c. 172, § 2, eff. Jan. 13, 1969.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-1148.3. Extent of jurisdiction.

Proceedings under this act may be had in all cases against tenants holding over their terms and, incident thereto, to determine whether or not tenants are holding over their terms; in sales or real estate on executions, orders or other judicial process, when the judgment debtor was in possession at the time of the rendition of the judgment or decree, by virtue of which such sale was made; in sales by executors, administrators, guardians and on partition, where any of the parties to the partition were in possession at the commencement of the suit, after such sales, so made, on execution or otherwise, shall have been examined by the proper court, and the same by said court, adjudged valid; and in cases where the defendant is a settler or occupier of lands and tenements without color of title, and to which the complainant has the right of possession. This section is not to be construed as limiting the provisions of the preceding section.
Added by Laws 1968, c. 172, § 3, eff. Jan. 13, 1969. Amended by Laws 1978, c. 87, § 1, eff. Oct. 1, 1978.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-1148.4. Issuance and return of summons - Content - Amending pleading to conform to evidence.

The summons shall be issued and returned as in other cases, except that it shall command the sheriff, or other person serving it, to summon the defendant to appear for trial at the time and place specified therein, which time shall be not less than five (5) days nor more than ten (10) days from the date that the summons is issued. The summons shall apprise the defendant of the nature of the claim that is being asserted against him; and there shall be endorsed upon the summons the relief sought and the amount for which the plaintiff will take judgment if the defendant fails to appear. In all cases, pleadings may be amended to conform to the evidence.
Added by Laws 1968, c. 172, § 4. Amended by Laws 1969, c. 136, § 1, emerg. eff. April 9, 1969; Laws 1980, c. 63, § 1, eff. Oct. 1, 1980.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-1148.5. Service of summons.

The summons may be served as in other cases except that such service shall be at least three (3) days before the day of trial, and the return day shall not be later than the day of trial, and it may also be served by leaving a copy thereof with some person over fifteen (15) years of age, residing on the premises, at least three (3) days before the day of trial; or, if service cannot be made by the exercise of reasonable diligence on the tenant or on any person over the age of fifteen (15) years residing on the premises, the same may be served by certified mail with return receipt postmarked at least three (3) days before the date of trial.
Added by Laws 1968, c. 172, § 5, eff. Jan. 13, 1969. Amended by Laws 1989, c. 347, § 1, eff. Nov. 1, 1989.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-1148.5A. Constructive service of summons.

If, in the exercise of reasonable diligence, service cannot be made upon the defendant personally nor upon any person residing upon the premises over fifteen (15) years of age, then in lieu of service by certified mail, service may be obtained for the sole purpose of adjudicating the right to restitution of the premises by the sheriff's posting or by private process service posting of said summons conspicuously on the building on the premises, and, if there be no building on said premises, then by posting the same at some conspicuous place on the premises sought to be recovered at least five (5) days prior to the date of trial, and by the claimant's mailing a copy of said summons to the last-known address of the defendant by certified mail at least five (5) days prior to said date of trial. Such service shall confer no jurisdiction upon the court to render any judgment against the defendant for the payment of money nor for any relief other than the restoration of possession of the premises to the claimant, unless the defendant appears at trial. If the court only renders a judgment for restoration of possession of the premises, the claimant shall not be precluded from pursuing a subsequent action for the payment of rent. A judgment for forcible entry and detainer shall not preclude the property owner from pursuing a subsequent action for other monetary relief. Such service shall not be rendered ineffectual by the failure of the defendant to actually see or receive such posted process nor by the failure of the defendant to actually receive or sign a return receipt for such mailed process.
Added by Laws 1976, c. 68, § 1. Amended by Laws 1989, c. 205, § 1, eff. Nov. 1, 1989; Laws 1989, c. 347, § 2, eff. Nov. 1, 1989; Laws 1990, c. 89, § 1, eff. Sept. 1, 1990; Laws 1996, c. 339, § 1, eff. Nov. 1, 1996; Laws 2018, c. 103, § 1, eff. Nov. 1, 2018.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-1148.6. Answer or affidavit by defendant.

A. In all cases in which the defendant wishes to assert title to the land or that the boundaries of the land are in dispute, he shall, before the time for the trial of the cause, file a verified answer or an affidavit which contains a full and specific statement of the facts constituting his defense of title or boundary dispute. If the defendant files such a verified answer or affidavit, the action shall proceed as one in ejectment before the proper division of the district court. If the defendant files an affidavit he shall file answer within ten (10) days after the date the affidavit is filed.
B. In all cases in which the cause of action is based on an asserted breach of a lease by the defendant, or the termination or expiration of a lease under which the defendant claims an interest in the property in a verified answer or affidavit, the plaintiff may proceed with the forcible entry and detainer action instead of an ejectment action.
C. No answer by the defendant shall be required before the time for trial of the cause.
Added by Laws 1968, c. 172, § 6, eff. Jan. 13, 1969. Amended by Laws 1978, c. 87, § 2, eff. Oct. 1, 1978.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-1148.8. Procedure where no jury available.

If a jury be demanded by either party, and no jury is available from the general panel, the judge shall immediately direct that an open venire be issued to the sheriff of the county, or one of his deputies, for such number of jurors as may be deemed necessary, to be selected from the body of the county without resorting to the jury wheel. The persons selected shall have the qualifications of jurors.
Added by Laws 1968, c. 172, § 8, eff. Jan. 13, 1969.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-1148.10. Writ of execution - Form - New trial.

If judgment be for plaintiff, the court shall, at the request of the plaintiff, his or her agent or attorney, issue a writ of execution thereon, which shall be in substantially the following form:
The State of Oklahoma, _______ County.
The State of Oklahoma to the Sheriff of ________ County:
Whereas, in a certain action for the forcible entry and detention (or for the forcible detention as the case may be) of the following described premises, to wit: ______________ lately tried before me, wherein _________ was plaintiff, and _______ was defendant, judgment was rendered on the ____ day of ______, 20__, that the plaintiff have restitution of said premises; and also that he or she recover rent, attorney fees and costs in the sum of ______; you, therefore, are hereby commanded to cause the defendant to be forthwith removed from said premises and the said plaintiff to have physical possession of the same, and make all accruing costs, and of this writ, make legal service and due return.
Witness my hand this _____ day of ________, 20__.
_______________
A.B., Judge
A motion for a new trial may be filed only within three (3) days of judgment but shall not operate to stay execution.
Added by Laws 1968, c. 172, § 10, eff. Jan. 13, 1969. Amended by Laws 2021, c. 69, § 1, eff. Nov. 1, 2021.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-1148.10B. Curing of default - Good faith claim of failure to provide minimum services.

A. A tenant shall be allowed to cure a default in a forcible entry and detainer action in the following instance:
The default of the tenant was due to unpaid rent which was unpaid due to the good faith claim of a tenant that the landlord failed to provide the minimum services required by subsection C of Section 121 of Title 41 of the Oklahoma Statutes; provided that written notice of said claim or actual notice to the landlord's agent for collecting rent is provided within ten (10) days of the date that rent became due.
B. In such instance, the order of the court must recite that the tenant by paying the judgment including court costs and attorney fees, by cash or cashier's check, within seventy-two (72) hours can avoid a writ of execution, cure the breach and remain in the premises.
Added by Laws 1990, c. 172, § 1, eff. Sept. 1, 1990.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-1148.14. Forcible entry and detainer action not exceeding jurisdictional amount for small claims court - Small claims docket.

An action for forcible entry and detainer brought pursuant to procedures prescribed otherwise in this title standing alone or when joined with a claim for recovery of rent, damages to the premises, or a claim arising under the Oklahoma Residential Landlord and Tenant Act, where the total recovery sought, exclusive of attorney's fees and other court costs, does not exceed the jurisdictional amount for the small claims court, shall be placed on the small claims docket of the district court. The district courts may provide by court rule that any action for forcible entry and detainer may be assigned to the small claims division for determination of the right to possession, regardless of the underlying amount in controversy, at the conclusion of which, the matter shall be returned to the assigned judge for further proceedings. The court clerk shall in connection with such actions prepare the affidavit, by which the action is commenced, and the summons, and generally assist unrepresented plaintiffs to the same extent that he is now required so to do under the Small Claims Procedure Act, Section 1751 et seq. of this title.
Added by Laws 1971, c. 339, § 5, eff. Oct. 1, 1971. Amended by Laws 1978, c. 257, § 35, eff. Oct. 1, 1978; Laws 1994, c. 343, § 7, eff. Sept. 1, 1994.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-1148.15. Affidavit for eviction.

The actions for unlawful entry and detainer, commonly known as an eviction, standing alone or when joined with a claim for collection of rent or damages to the premises, or both, shall be commenced by filing an affidavit with the clerk of the court. This affidavit is to be developed by the Oklahoma Bar Association using plain and understandable language. The Administrative Office of the Courts shall provide public access to the affidavit by providing a link to the form on the Oklahoma State Courts Network (OSCN) website.
Added by Laws 1971, c. 339, § 6, eff. Oct. 1, 1971. Amended by Laws 2023, c. 184, § 1, eff. Nov. 1, 2023.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-1148.16. Summons for eviction.

The summons to be issued in an action for forcible entry and detainer, commonly known as an eviction, shall be in a form developed in plain and understandable language by the Oklahoma Bar Association. The Administrative Office of the Courts shall provide public access to the affidavit by providing a link to the form on the Oklahoma State Courts Network (OSCN) website. The summons shall be delivered no less than three (3) days before the scheduled time and date of the court hearing. This scheduled date and time shall not be less than five (5) days from the date the summons is issued.
Added by Laws 1971, c. 339, § 7, eff. Oct. 1, 1971. Amended by Laws 1973, c. 187, § 1, emerg. eff. May 17, 1973; Laws 2023, c. 184, § 2, eff. Nov. 1, 2023.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-1151. Grounds for attachment.

The plaintiff in a civil action for the recovery of money may, at or after the commencement thereof, have an attachment against the property of the defendant, and upon the grounds herein stated:
1. When the defendant, or one of several defendants, is a foreign corporation, or a nonresident of this state, (but no order of attachment shall be issued on the ground or grounds in this clause stated for any claim other than a debt or demand arising upon contract, judgment or decree, unless the cause of action arose wholly within the limits of this state, which fact must be established on the trial):
2. When the defendant, or one of several defendants, has absconded with intention to defraud his creditors; or,
3. Has left the county of his residence to avoid the service of summons; or,
4. So conceals himself that a summons cannot be served upon him; or,
5. Is about to remove his property, or a part thereof, out of the jurisdiction of the court, with the intent to defraud his creditors; or,
6. Is about to convert his property, or a part thereof, into money, for the purpose of placing it beyond the reach of his creditors; or,
7. Has property or rights in action, which he conceals; or,
8. Has assigned, removed or disposed of, or is about to dispose of, his property, or a part thereof, with the intent to defraud, hinder or delay his creditors; or,
9. Fraudulently contracted the debt, or fraudulently incurred the liability or obligations for which the suit is about to be or has been brought; or,
10. Where the damages for which the action is brought are for injuries arising from the commission of some felony or misdemeanor, or the seduction of any female; or,
11. When the debtor has failed to pay the price or value of any article or thing delivered, which by contract he was bound to pay upon delivery.
R.L. 1910, § 4812.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-1152. Attachment affidavit.

An order of attachment shall be issued by the judge of the court in which the action is brought, when:
1. There is filed in the office of the court clerk an application that the court issue an order of attachment which states facts which show:
First, The nature of the plaintiff's claim;
Second, That it is just;
Third, The amount which the affiant believes the plaintiff ought to recover; and,
Fourth, The existence of some one of the grounds for an attachment enumerated in Section 1151 of this title.
2. The application must be verified by the plaintiff or, where his agent or attorney has personal knowledge of the facts, by said agent or attorney.
3. The defendant has been served with a notice, issued by the clerk, which shall notify the defendant that an order of attachment of property is requested and that he may object to the issuance of such an order by a written objection which is filed with the court clerk and mailed or delivered to the plaintiff's attorney within five (5) days of the receipt of the notice. A copy of plaintiff's application shall be attached to and served with the notice, and the notice and application may be served with the summons in the action.
4. If no written objection is filed within the five-day period, no hearing is necessary and the clerk may issue the order of attachment. If a written objection is filed within the five-day period, the court shall, at the request of either party, set the matter for a prompt hearing with notice to the adverse party. If the plaintiff proves the probable merit of his cause and the truth of the matters asserted in his application for an order of attachment, the court may issue the order of attachment. Provided, however, before an order of attachment is issued by either the court or the clerk, the plaintiff has executed an undertaking pursuant to Section 1153 of this title.
5. If the court finds that the defendant cannot be given notice as provided herein although a reasonable effort was made to notify him, but at the hearing the plaintiff proves the probable merit of his cause and the truth of the matters asserted in his application, the court may issue the order of attachment. The defendant may subsequently move to have the attachment vacated as provided in Section 1241 of this title.
R.L. 1910, § 4813. Amended by Laws 1976, c. 87, § 1, emerg. eff. May 4, 1976.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-1153. Attachment bonds.

The order of attachment shall not be issued until an undertaking on the part of the plaintiff has been executed by one or more sufficient sureties, approved by the clerk and filed in his office, in a sum not less than double the amount of the plaintiff's claim, to the effect that the plaintiff shall pay to the defendant all damages that he may sustain by reason of the attachment, including reasonable attorney's fees, if the order be wrongfully obtained; but no undertaking shall be required where the State of Oklahoma is the party plaintiff.
R.L. 1910, § 4814. Amended by Laws 1923, c. 73, p. 140, § 1; Laws 1976, c. 87, § 2, emerg. eff. May 4, 1976.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-1154. Order of attachment.

The order of attachment shall be directed and delivered to the sheriff. It shall require him to attach the lands, tenements, goods, chattels, stocks, rights, credits, moneys and effects of the defendant in his county, not exempt by law from being applied to the payment of the plaintiff's claim, or so much thereof as will satisfy the plaintiff's claim, to be stated in the order as in the affidavit, and the probable cost of the action not exceeding Fifty Dollars ($50.00).
R.L. 1910, § 4815.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-1155. Orders to several counties.

Orders of attachment may be issued to the sheriffs of different counties, and several of them may, at the option of the plaintiff, be issued at the same time, or in succession; but only such as have been executed shall be taxed in the costs, unless otherwise directed by the court.
R.L. 1910, § 4816.
2023 Oklahoma Statutes › Title 12. Civil Procedure › §12-1158. Execution of order.

The order of attachment shall be executed by the sheriff, without delay. He shall go to the place where the defendant's property may be found, and declare that, by virtue of said order, he attaches said property at the suit of the plaintiff; and the officer, with two householders, who shall be first sworn or affirmed by the officer, shall make a true inventory and appraisement of all the property attached, which shall be signed by the officer and householders, and returned with the order.
R.L. 1910, § 4819.
2023 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.
2023 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.
2023 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; and
2. 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, and
e.
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.
2023 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.
2023 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; and
2. 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; and
4. 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.
2023 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 Oklahoma Bar Association. The Administrative Office of the Courts shall provide public access to the affidavit by providing a link to the form on the Oklahoma State Courts Network (OSCN) website, 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; and
6. That the plaintiff verily believes that some person, naming him or her, whether within or without the county, is indebted to or has property in his or her possession or under his or her 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; Laws 2023, c. 184, § 3, eff. Nov. 1, 2023.
2023 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 Oklahoma Bar Association. The Administrative Office of the Courts shall provide for public access to the garnishee summons by providing a link to the form on Oklahoma State Courts Network (OSCN) website.
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; Laws 2023, c. 184, § 5, eff. Nov. 1, 2023.
2023 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 Oklahoma Bar Association. The Administrative Office of the Courts shall provide public access to the summons by providing a link to the form on the Oklahoma State Courts Network (OSCN) website.
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 Oklahoma Bar Association. The Administrative Office of the Courts shall provide public access to the garnishee's answer by providing a link to the form on the Oklahoma State Courts Network (OSCN) website.
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; and
5. 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; Laws 2023, c. 184, § 6, eff. Nov. 1, 2023.
2023 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 Oklahoma Bar Association, 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 Oklahoma Bar Association, 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. The Administrative Office of the Courts shall provide public access to both the notice and claim for exemption by providing links to the forms on the Oklahoma State Courts Network (OSCN) website.
E. Said notification may be accomplished by:
1. Serving a copy of the garnishee summons on the defendant or on his or her attorney of record in the manner provided for the service of summons; or
2. Sending the notice or a copy of the garnishee summons to the defendant or his or her attorney of record by registered or certified mail with return receipt requested, which receipt shall be filed in the action; or
3. Attaching the notice on the summons issued in the principal action prior to its service; or
4. Including the notice in the publication notice when service in the principal action is by publication; or
5. 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; Laws 2023, c. 184, § 8, eff. Nov. 1, 2023.
2023 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.
2023 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.
2023 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; and
5. The garnishee shall state that he or she 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 Oklahoma Bar Association. The Administrative Office of the Courts shall provide public access to the garnishee's answer by providing a link to the form on the Oklahoma State Courts Network (OSCN) website.
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; Laws 2023, c. 184, § 9, eff. Nov. 1, 2023.
2023 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; and
6. 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 Oklahoma Bar Association. The Administrative Office of the Courts shall provide public access to the garnishee's answer by providing a link to the form on the Oklahoma State Courts Network (OSCN) website.
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; Laws 2023, c. 184, § 11, eff. Nov. 1, 2023.
2023 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.
2023 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.