Okla. Stat. tit. 12, § 12-1172.1
This is the official text of Okla. Stat. tit. 12, § 12-1172.1, part of Oklahoma’s Stat. tit. 12, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 12,." Browse the sections below, each linked to its official government source.
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Prejudgment and postjudgment summons - Procedure
Official statutory text
A. A garnishee summons shall not be issued in any action prior
to judgment until:
1. Defendant has been served with a notice, to which the
affidavit required by Section 1172 of this title is attached, which
notifies the defendant that the issuance of a garnishee summons is
requested and that the defendant may object to the issuance of the
summons by filing a written objection with the court clerk and
delivering or mailing a copy to the plaintiff's attorney within five
(5) days of the service of the notice. The service of the notice on
the defendant satisfies the notice requirement of Section 1174 of
this title;
2. If no written objection is filed within the five-day period,
and if the undertaking has been executed as provided herein, the
court clerk shall issue the garnishee summons;
Oklahoma Statutes - Title 12. Civil Procedure Page 241
3. Should a written objection be 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,
at the hearing, the plaintiff proves the probable merit of the
plaintiff’s cause and the truth of the matters asserted in the
affidavit and if the plaintiff executes an undertaking, as provided
herein, the court may issue the garnishee summons; and
4. An undertaking on the part of the plaintiff has been
executed by one or more sufficient sureties, approved by the clerk
or the court and filed in the clerk's 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 which the defendant
may sustain by reason of the garnishment, together with a reasonable
attorney's fee, if the order be wrongfully obtained.
B. If the court finds that the defendant cannot be given notice
as provided by paragraph 1 of subsection A of this section, although
a reasonable effort was made to notify the defendant, and at the
hearing the plaintiff proves the probable merit of the plaintiff’s
cause of action and the truth of the matters asserted in the
affidavit and the plaintiff has executed an undertaking as provided
herein, the court may issue a garnishee summons after which the
defendant may move to have the garnishee summons quashed. Notice of
a motion to quash, with the date of the hearing, shall be served on
the attorney for the plaintiff. The motion shall be heard promptly,
and in any case within five (5) days after the date that it is
filed. The court must grant the defendant's motion unless, at the
hearing on defendant's motion, the plaintiff proves the probable
merit of the plaintiff’s cause and the truth of the matters asserted
in the affidavit. The court clerk may issue an order to pay the
money into the court after the hearing, at the direction of the
court.
C. A prejudgment or postjudgment garnishment may be amended as
in other civil actions. Upon request of the garnishor, alias or
additional summons shall issue against the garnishee.
to judgment until:
1. Defendant has been served with a notice, to which the
affidavit required by Section 1172 of this title is attached, which
notifies the defendant that the issuance of a garnishee summons is
requested and that the defendant may object to the issuance of the
summons by filing a written objection with the court clerk and
delivering or mailing a copy to the plaintiff's attorney within five
(5) days of the service of the notice. The service of the notice on
the defendant satisfies the notice requirement of Section 1174 of
this title;
2. If no written objection is filed within the five-day period,
and if the undertaking has been executed as provided herein, the
court clerk shall issue the garnishee summons;
Oklahoma Statutes - Title 12. Civil Procedure Page 241
3. Should a written objection be 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,
at the hearing, the plaintiff proves the probable merit of the
plaintiff’s cause and the truth of the matters asserted in the
affidavit and if the plaintiff executes an undertaking, as provided
herein, the court may issue the garnishee summons; and
4. An undertaking on the part of the plaintiff has been
executed by one or more sufficient sureties, approved by the clerk
or the court and filed in the clerk's 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 which the defendant
may sustain by reason of the garnishment, together with a reasonable
attorney's fee, if the order be wrongfully obtained.
B. If the court finds that the defendant cannot be given notice
as provided by paragraph 1 of subsection A of this section, although
a reasonable effort was made to notify the defendant, and at the
hearing the plaintiff proves the probable merit of the plaintiff’s
cause of action and the truth of the matters asserted in the
affidavit and the plaintiff has executed an undertaking as provided
herein, the court may issue a garnishee summons after which the
defendant may move to have the garnishee summons quashed. Notice of
a motion to quash, with the date of the hearing, shall be served on
the attorney for the plaintiff. The motion shall be heard promptly,
and in any case within five (5) days after the date that it is
filed. The court must grant the defendant's motion unless, at the
hearing on defendant's motion, the plaintiff proves the probable
merit of the plaintiff’s cause and the truth of the matters asserted
in the affidavit. The court clerk may issue an order to pay the
money into the court after the hearing, at the direction of the
court.
C. A prejudgment or postjudgment garnishment may be amended as
in other civil actions. Upon request of the garnishor, alias or
additional summons shall issue against the garnishee.
Status: in_force · Read it on the official government site
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